Summary: We will not investigate this complaint about the Council’s actions in relation to top-up payments. That is because the complaint is late.

The complaint

1. Mr X complained about the conduct of a Council Social Worker. He said they failed to provide any information about top-ups in relation to his now deceased mother’s residential care.
2. Mr X also complained there was a conflict in interest, as the Council Officer who investigated that complaint, had signed a letter about deferred payment agreements.
3. Mr X said he had been caused considerable distress by having to deal with his complaint after the death of his mother. He wants the Council to apologise and to waive the outstanding top-up fee that is still owed for her care.

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The Ombudsman’s role and powers

4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X’s mother, Mrs Y moved into a nursing home towards the end of 2016. She died at the start of 2017. In January 2017, Mr X received an invoice for top-up fees. Mr X had ongoing contact with the Council about the invoicing and made a formal complaint in September 2017. He said the Council had failed to explain Mrs Y would be required to pay top-up fees whilst in nursing care. He also felt it was a conflict of interest, as the Council Officer responsible for investigating the complaint had signed a letter in relation to Mrs Y’s deferred payment agreement.
8. The Council responded to Mr X’s complaint in October 2017. It said Mrs Y’s Social Worker had explained the need for top-ups and that it was agreed this would be paid through deferred payments after Mrs Y had sold her house.
9. Mr X said he did not receive that response and had no further contact from the Council for several years when it sent him a reminder invoice. Following that, he received a copy of the 2017. As Mr X was dissatisfied with the Council’s response, he complained further. The Council sent its final response in January 2021. It did not uphold his complaints.
10. Although Mr X states he did not receive a response to his 2017 complaint until 2020, Mr X knew of his dissatisfaction with the Council’s actions from January 2017. Mr X did not complain to the Ombudsman until February 2022 therefore this complaint is late and we should not investigate. We have discretion to set this aside where we decide there are good reasons. In this case I have decided not to exercise discretion because it was reasonable to expect Mr X to have complained sooner.

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Final decision

11. We will not investigate Mr X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman