Summary: We will not investigate this late complaint about care charges for Mr X’s late father. There is not a good reason Mr X did not complain to us sooner.

The complaint

1. Mr X complained about the Council holding him responsible for care fees after his father (Mr Y) passed away. He says this has caused significant stress. Mr X wants the Council to meet with them to discuss how it has calculated the charges and allow them to explain why they should not be due.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y passed away in 2020 and the Council sent an invoice for care charges to his son, Mr X. Mr X says he has been trying to discuss the matter with the Council for two years.
6. The law requires complaints to be brought to us within 12 months of the person becoming aware of the matter. There is not a good reason in this case for the delay and so we will not investigate this complaint.

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Final decision

7. We will not investigate Mr X’s late complaint because there is not a good reason for the delay in him complaining about the matter.

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Investigator's decision on behalf of the Ombudsman