Summary: We will not investigate this complaint about the Council charging Mr X’s father for care and support received in 2019. This is because the complaint is late and there are no good reasons why Mr X could not have complained earlier.

The complaint

1. Mr X complains about the Council charging his father for care and support received in 2019. He says the Council unfairly applied the rules to ensure his father’s estate would be charged. He says this has caused him anxiety.

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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)

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How I considered this complaint

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

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My assessment

5. Mr X’s father received care and support between July and November 2019. The Council sent Mr X an invoice for this care in May 2020.
6. Mr X raised concerns about the invoice and the Council responded in October 2020. The Council advised Mr X it needed more evidence regarding the joint account Mr X held with his father. In particular, the Council needed evidence detailing the payments made into the account by both account holder. This would allow the Council to be satisfied the account was used jointly and equally by both account holders. The Council provided Mr X with information on how to make a complaint.
7. Mr X did not raise a complaint with the Council until March 2021. The Council provided its final response in August 2021.
8. Mr X did not bring his complaint to us within 12 months of when he first became aware of the concerns about the financial assessment (May 2020). There are no good reasons for why Mr X did not complain earlier, especially as the Council had provided information to him on how to complain.
9. In any case, even if we were to exercise discretion to consider Mr X’s complaint, we would not investigate as there is no evidence of fault in how the Council completed the financial assessment. The Council has explained to Mr X why the full funds in the joint account was considered and has told Mr X what evidence it needs to review the financial assessment. It is open to Mr X to provide this to the Council.

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Final decision

10. We will not investigate Mr X’s complaint because it is late and there are no good reasons for why Mr X did not complain earlier.

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Investigator's decision on behalf of the Ombudsman