Summary: We will not investigate this complaint about care fees. Mrs X complains about events that took place more than 12 months ago. We should not consider late complaints. It was reasonable to expect Mrs X to complain to us sooner.

The complaint

1. Mrs X complains on behalf of her father, Mr Y.
2. Mrs X says the Council misinformed Mr Y about the cost of the care package he required to ensure a safe discharge from hospital.
3. Mrs X says her father was told the Council would fund the fees as Mr and Mrs Y’s savings were below the threshold.
4. Mrs X said the Council increased the fees and her parents could no longer afford the care package.
5. Mrs X said her mother cancelled the care package and has been her father’s sole carer since October 2019. She says her mother is struggling.

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The Ombudsman’s role and powers

6. 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 council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The restriction outlined in paragraph six applies to this complaint because Mrs X complains about events that took place more than 12 months ago. We have discretion to set aside this rule where we decide there are good reasons. In this case we have not exercised discretion because it is reasonable for Mrs X to have complained to us sooner. Mrs X has not provided good reasons why she did not complain to us within 12 months of knowing about the matter.

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Final decision

10. We will not investigate Mrs X’s complaint because it is a late complaint.

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Investigator's decision on behalf of the Ombudsman