Summary: We will not investigate this complaint alleging the Council failed to tell the complainant about top up fees or provide details of care homes without top up fees. This is because this complaint is about events which took place more than 12 months ago and there is no good reason to exercise discretion to investigate them now.

The complaint

1. The complainant, I shall call Mr X, says the Council:
• Failed to provide him with information about finding care homes and never provided information about any care homes which did not attract a top up fee.
• Failed to investigate two safeguarding incidents and failed to inform him of the outcome.

Mr X wants all top up fees paid since 2016 refunded.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating.

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How I considered this complaint

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In 2015 Mr X’s mother moved into residential care. The Council says its records show it carried out a financial assessment. It also says records show Mr X discussed care homes which would support his mother’s religious beliefs with the social worker. The social worker advised the Council has a maximum cost ceiling and any care home needed to be dementia registered and able to meet his mother’s needs.
8. The Council also says its records show he was advised that top up fees would be needed for any of the homes considered by him and a friend of his mother which was helping him arrange her care. It says top up fees were discussed with Mr X on many occasions by email and on the telephone.
9. Mr X wants us to find the Council at fault for failing to properly advise him about finding a care home or providing details of homes without top up fees. We will not usually exercise discretion to investigate matters which took place more than 12 months ago, unless there are good reasons to do so. Mr X has been aware of the events complained about since 2015, so we are satisfied it would have been reasonable for him to bring this matter to us much earlier.
10. Mr X also complains the Council failed to explain why it did not tell him about two safeguarding incidents involving his mother. I disagree.
11. The Council says the first incident involved a statement from a witness who saw a resident being pushed into a chair in the room thought to be Mr X’s mother’s room. The investigation revealed two members of staff were caring form Mr X’s mother at the time of the incident. And that she was in bed, not sitting in a chair at any time that morning. The investigation was closed as the witness was not sure the resident involved was Mr X’s mother or indeed, her room. This investigation was referred to the police who took no action.
12. The Council says its records show the investigator intended to inform Mr X, but this was not done. As the incident occurred in 2021, it is too late to consider this point further.
13. The second incident was an altercation between Mr X’s mother and another resident. His mother received a small scratch to her arm. This was not progressed.
14. These incidents occurred more than twelve months ago. I have seen no good reason to exercise discretion and investigate these issues.

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Final decision

15. We will not investigate Mr X’s complaint because the matters complained about occurred more that twelve months ago and the complaint is therefore late. From the information we have seen there is no good reason to exercise discretion and investigate now.

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Investigator's decision on behalf of the Ombudsman