East Sussex County Council (21 014 357)
Category : Adult care services > Charging
Decision : Closed after initial enquiries
Decision date : 28 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate this late complaint about Mr Y’s care contributions. There is not a good reason Ms X did not bring the complaint to us sooner.
The complaint
- Ms X complained the Council has not resolved her concerns dating back to 2019, relating to charges for her late father’s (Mr Y’s) care. As executor of her father’s will, Ms X has gone to significant time and trouble in trying to resolve the matter. It has also caused her distress.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council issued an invoice for care contributions in 2019 after Ms X’s father, Mr Y, had passed away. Ms X disputed the figures. The Council made amendments between 2019 and 2020 and confirmed its final calculations in February 2021. Ms X brought her complaint to the Ombudsman in January 2022.
- Ms X was aware of the matter she complains about in 2019. I have considered the Council’s responsibility for some of the time taken for Ms X to complain, as it accepts there were delays, and because it did make some amendments Ms X believed at times it might resolve the matter.
- However, I am of the view that after February 2021 Ms X could have expedited matters and brought her complaint to us sooner. Aside from the three months spent taking the matter through the Council’s complaint procedures, the matter drifted and there is not a good reason Ms X did not complain to us sooner.
Final decision
- We will not investigate Ms X’s complaint because it is late and there is not a good reason Ms X did not complain to us sooner.
Investigator's decision on behalf of the Ombudsman