Summary: We will not investigate this complaint about care provided to Mrs X’s mother before she passed away or the Care Provider issuing an invoice for care charges. This is because it is a late complaint and there is no reason why Mrs X could not have complained sooner.

The complaint

1. Mrs X complains the Care Provider failed to provide proper care for her mother before she passed away. She also complains the Care Provider issued her with a bill for outstanding care charges 18 months after her mother’s death but had never told any of the family that charges were payable.
2. Mrs X says the Care Provider’s actions have caused her family distress and unnecessary time and trouble.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Care Provider.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X’s mother passed away in September 2016 and the Care Provider issued the family with a final bill for care charges 18 months later.
7. Mrs X did not complain to the Ombudsman until November 2019. She was advised she should complain to the Care Provider first and did so. The Care Provider replied to Mrs X’s complaint and offered to meet to discuss the charges. The Care Provider says it has not heard further from Mrs X. Mrs X says she accepted the meeting but never heard back from the Care Provider. Mrs X did not complain to the Ombudsman again until October 2021
8. Mrs X did not raise a complaint with the Ombudsman about her mother’s care until over three years after she had passed away. Mrs X also took over a year to complain about care charges. Therefore, this is a late complaint. There were further delays in Mrs X bringing her complaint after she complained to the Ombudsman in 2019. She received a response from the Care Provider in March 2020 but did not complain to the Ombudsman until October 2021.
9. We have discretion to set aside the restriction on late complaints where we decide there are good reasons. In this case I have decided not to exercise discretion because it is reasonable to expect Mrs X to complain to us sooner. I have taken account of the impact of the Covid-19 pandemic in reaching this decision and cannot see this would have a significant impact on Mrs X being able to bring her complaint sooner.

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Final decision

10. We will not investigate Mrs X’s complaint because it is a late complaint and there is no reason why she could no have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman