Summary: We will not investigate this complaint about the Council advising Mr X’s family of the wrong care charges. He says the Council told them the care charge was per week, not per day. He also complains the care provided to his grandmother was inadequate. This is because there is insufficient evidence of fault. In addition, the other complaint elements are late and there are no good reasons to exercise discretion to consider the late complaints.

The complaint

1. Mr X complains the Council advised his family of the wrong care charges. He says the Council told them the care charge was per week, not per day. He also complains the care provided to his grandmother was inadequate.

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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)
3. We investigate 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr X’s grandmother, Mrs A, received care in a care home between July 2021 and August 2021.
7. In 2021, Mrs A’s daughter, Ms Z, made a complaint to the Council about Mrs A’s care charges. The Council wrote to Ms Z in December 2021 and explained Mrs A was responsible for paying her care charges of just over £580 per week. The letter also noted Ms Z had mentioned referring the matter to the Ombudsman.
8. If Ms Z considered the Council was wrong to charge Mrs A for the cost of her care, it was reasonable for her to have brought the complaint to the Ombudsman earlier. This is particularly so as there is evidence Ms Z was aware she could have brought the complaint to us. I cannot see any good reason for why Ms Z could not have complained earlier to justify exercising discretion to consider this late complaint.
9. The above also applies to the complaint about inadequate care to Mrs A. Mrs A was in the care home in 2021. Therefore, it is reasonable to expect Mrs A’s family to have made a complaint about any inadequate care at the time. Again, I do not consider there is any good reason for why the complaint could not have been made earlier. Therefore, we will not be exercising discretion to consider the late complaint.
10. Finally, Mr X says the Council told them the incorrect charges. However, the evidence available shows the Council provided information about the weekly cost. There is no evidence the Council provided Mrs A or her family with information about a daily cost. Therefore, an investigation is not justified as there is insufficient evidence of fault.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault. In addition, the other complaint elements are late and there are no good reasons to exercise discretion to consider the late complaints.

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Investigator's decision on behalf of the Ombudsman