Summary: We will not investigate this complaint about how the Council completed a care needs assessment. That is because the complaint is late.

The complaint

1. Ms X complained about how the Council assessed her late mother, Mrs Y’s care needs. She said the Social Worker treated Mrs Y with a lack of respect and empathy and asked distressing questions. Ms X also said the Council handled Mrs Y’s financial assessment poorly, needing her to chase care contributions the Council owed. Ms X said senior social workers made significant errors in two of Mrs Y's assessments.
2. Ms X said the matter caused her avoidable stress as she noticed Mrs Y’s decline following Social Worker visits. She said she suffered panic attacks worrying about funding Mrs Y’s care.
3. Ms X wants the Council to improve its dementia care training for its staff. She also wants it to treat relatives more respectfully and handle complaints more effectively.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. 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:

• further investigation would not lead to a different outcome.

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

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Ms X complained to the Council at the start of 2023 about how it had dealt with Mrs Y’s care needs and financial assessment. The Council provided a final response in June 2023, directing her to the Ombudsman.
10. Ms X did not complain to the Ombudsman until August 2024.
11. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late.
12. Therefore, this is a late complaint, and we should not investigate. We have discretion to set aside this restriction where we decide there are good reasons. In this case I have decided not to exercise discretion because, the Council directed Ms X to the Ombudsman in June 2023. It is reasonable to expect Ms X to have complained to us sooner.
13. In any event, even if the complaint was not late, we would not investigate, that is because:
14. I have reviewed the Council's complaint response. I am satisfied it has properly considered the concerns raised. There is not enough evidence of fault in how the Council dealt with Ms X's initial request for a care needs assessment for Mrs Y, or its subsequent communication around the financial assessment.
15. The Council accepted there were errors and misspellings in the care needs assessment. The Council said it had addressed these errors and tasked the social worker to improve their writing skills and how they follow procedures. It offered an apology for Ms X’s distress.
16. The Council outlined how it assesses suitability of care homes for new patients and Ms X’s funding options. I do not see any fault in how the Council applied its process in Mrs Y’s case. Therefore, further investigation would not lead to a different outcome.

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Final decision

17. We will not investigate Ms X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman