Summary: We will not investigate Mr W’s complaint about actions and inactions by the Council in respect of a care home loan given to his late mother in 2007. This is because we have no jurisdiction to investigate a late complaint where there are no good reasons to exercise discretion. We also cannot achieve the outcome the complainant wants.

The complaint

1. The complainant (Mr W) complains about the way the Council handled a health assessment in 2007 before it granted a care home loan to his late mother (Mrs P) who died in 2010. Mr W says the alleged fault has meant the estate of Mrs P has incurred unnecessary costs in respect of the loan. He wants the Council to give a refund of approximately £12,000 to the estate.

Back to top

The Ombudsman’s role and powers

2. 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 per-son 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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
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).

Back to top

How I considered this complaint

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

Back to top

My assessment

5. We do not investigate late complaints unless there are good reasons to exercise discretion. The alleged faults are historical and relate to matters over 14 years ago since 2007. I considered exercising my discretion but see no good reason to do so as the complaint could have been made to us sooner. Further, we would not now be able to reach a meaningful view of the complaint as the passage of time. There would be practical limitations on our ability to gather evidence and assess any injustice. We also cannot apply current standards, guidance, or professional expectations to historical situations. We would not therefore be able to achieve the outcome Mr W wants.

Back to top

Final decision

6. We will not investigate the complaint because we have no jurisdiction to investigate a late complaint where there are no good reasons to exercise discretion. We also cannot achieve the outcome the complainant wants.

Back to top

Investigator's decision on behalf of the Ombudsman