Torbay Council (24 001 020)

Category : Adult care services > Charging

Decision : Closed after initial enquiries

Decision date : 29 Jul 2024

The Ombudsman's final decision:

Summary: We will not investigate Ms X’s complaint about an adult social care needs assessment completed for her relative in 2022 and the charges for his care. The complaint is late and there is no good reason to investigate now.

The complaint

  1. Ms X complains about errors in her relative, Mr Y’s care needs assessment in 2022 and that the Council has refused to reimburse part of his care fees. She says the Council’s actions have caused distress and financial loss.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr Y complained to the Council about a care needs assessment in 2022. The NHS trust who completed the assessment on the Council’s behalf, responded to his complaint, providing a final response in October 2022. It directed him to us if he remained dissatisfied. Ms X brought the complaint to us in April 2024.
  2. We will not investigate this complaint. Although Ms X has had more recent correspondence with the Council about the matter, the actions complained about occurred in 2022. Ms X could have brought this complaint to us sooner if they remained dissatisfied at that time. This complaint is late and there is no good reason to investigate now.

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Final decision

  1. We will not investigate Ms X’s complaint because the complaint is late and there is no good reason to investigate now.

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Investigator's decision on behalf of the Ombudsman

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