Summary: We will not investigate this complaint about the Council’s failure to tell Mr D’s family his placement had been made permanent in 2019. This is because Ms C knew of the increase in charges in 2019 and could have come to the Ombudsman before now if she was concerned about the actions taken by the Council. There is no good reason to exercise discretion and investigate this late complaint now.

The complaint

1. Ms C complained about the Council’s failure to respond to her initial complaint in 2019 about the increase in invoices for her late father’s, Mr D’s, residential care home placement. Ms C says Mr D’s family did not know he had been made a permanent resident, so his family did not have the opportunity to make alternative arrangements for his care. Ms C says she complained again in August 2021 and received a response from the Council in May 2022 apologising for not informing the family Mr D’s placement had become permanent. Ms C says the Council should revise Mr D’s invoices and recalculate the charges and treat him as a temporary non-permanent resident.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Ms C knew of the increase in Mr D’s care charges and could have come to us in 2019 when she did not receive a response from the Council to her initial complaint asking why Mr D had been placed in permanent care.

Back to top

Final decision

6. We will not investigate Ms C’s complaint because the complaint is late and there is no good reason for us to exercise discretion and investigate now.

Back to top

Investigator's decision on behalf of the Ombudsman