Summary: We will not investigate this complaint about the assessment of care needs and charging. This is because the complaint is late with no good reasons to exercise discretion to investigate it now.

The complaint

1. Mr Y complained the Council failed to assess his father, Mr A’s home prior to his discharge from hospital, meaning basic equipment was not available for his needs and failed to consult with Mr A’s family prior to decisions relating to Mr A’s care were made. This led to an increase in care costs, which Mr Y says have been charged unjustifiably.
2. Mr Y says the issues have caused significant upset and distress.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y complained to the Council after he received an invoice for care provided for his late father in March 2021. The Council acknowledged his complaint in April. Mr Y repeated his complaint in July 2022 after the Council chased him for payment of care costs for Mr A. The Council confirmed that it had responded to Mr Y previously about the complaint and that the costs were now due. Mr Y approached us in September 2022.

Analysis

7. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
8. Mr Y’s was aware of his reason to complain about the Council’s actions when he complained to it initially in March 2021, more than 12 months ago. Consequently, his complaint is now late. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring the complaint to us within 12 months of knowing about the matter. While we acknowledge Mr Y was grieving for his late father, he has been able to continue correspondence with the Council during this time, so it is reasonable to expect him to have complained to us sooner and within the 12 month period. We will therefore not investigate this complaint.

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Final decision

9. We will not investigate Mr Y’s complaint because the complaint is late with no good reasons to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman