Summary: We will not investigate this complaint about how the Council managed care home fees for the complainants’ mother. This is because the events happened too long ago and I see no reason to exercise discretion and investigate the matter now.

The complaint

1. The complainants, who I will call Mr X and Mr Z, complain about how the Council managed their mothers care home fees when she entered a care home in 2011. They say her finances were mismanaged by the Council, resulting in a large debt for her care which the Council have pursued Mr X and Mr Z for since 2016.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 council 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 complainants and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate Mr X and Mr Z’s complaint because it is made late. They were aware of and outstanding debt for their mothers care when the Council contacted them in 2016, and a final bill was sent to them in 2018. Their solicitors contacted the Council to query the bill and a response was sent to them in early 2019. I see no reason why this complaint could not have been raised sooner and therefore I see no reason to exercise discretion and investigate it now.

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Final decision

7. We will not investigate Mr X & Mr Z’s complaint because the complaint is made late and I see no reason to exercise discretion and investigate the matters now.

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Investigator's decision on behalf of the Ombudsman