Summary: We will not investigate this complaint about the care the Council provided to Mr and Mrs Y because the complaint is out of time and there is not enough evidence of fault.

The complaint

1. Mr X complains about the quality of care the Council provided to his late parents Mr and Mrs Y.

Back to top

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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X’s complaint that the actions of Council social workers contributed to his father’s death is out of time and there is no good reason to exercise discretion. While Mr X took time to grieve his parents’ deaths he could have asked someone else to pursue a complaint on his behalf if he wished.
7. Further, there is not enough evidence of fault and the coroner’s court is better placed to investigate cause of death.
8. Mr X’s complaint that the Council provided homecare for Mrs Y against her and Mr Y’s wishes is also out of time. Further there is not enough evidence of fault. Documents seen suggest the Council made a best interests decision in consultation with family.
9. Mr X did not expressly complain to the Council about a failure to review Mrs Y’s deprivation of liberty and so it has not yet had chance to respond. The complaint may be out of time. In any event, there is not enough evidence of fault and an investigation will not achieve any worthwhile outcome, given Mrs Y has since passed.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because it is out of time.

Back to top

Investigator's decision on behalf of the Ombudsman