Summary: We will not investigate this late complaint about a financial assessment for care. There is not a good reason for the delay in the matter being brought to the Ombudsman.

The complaint

1. Mr X complained about the Council’s assessment of his mother’s (Mrs Y’s) finances in September 2022. He said the Council failed to disregard a property. He said the matter meant the family’s finances would be at a significant detriment. He wanted the Council to obtain a professional valuation of his mother’s 50% share of the property, and reassess her finances to amend the contributions she was assessed as having to pay.

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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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council assessed Mrs Y’s finances in September 2022. Mr X disagreed with the outcome and wrote to the Council to challenge its decision. It sent him a final response in December 2022, although this did not signpost him to us.
6. Mr X wrote to the Council again in October 2023 after having accessed our online complaint form. He told the Council this was because our site advised he needed to appeal. However, he had already received a final response from the Council and could have completed our complaint form at that time. The Council advised him of this two weeks later. Mr X says, however, by that time he had become too unwell due to the stress and could not contact us until August 2024.
7. The law says people must bring complaints to us within 12 months of becoming aware of the matter, unless there are good reasons. Mr X could have completed the online complaint form that he started in October 2023. This would already have been slightly outside of the 12 month timeframe, and Mr X has not told us of a good reason for the delay between the Council’s final response of December 2022 and his escalation of October 2023.
8. I have taken account of the Council not having signposted Mr X to us in December 2022. I have also taken account of Mr X’s later poor health. However, there is not good reason for the overall significant delay. Mr X could have complained to us earlier in 2023, or in late 2023 via a representative if he did not feel well enough to communicate with us himself. Given that he brought this complaint to us nearly two years after becoming aware of the matter, we will not investigate this late complaint now.

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Final decision

9. We will not investigate Mr X’s late complaint because there is not a good reason for the overall length of delay in bringing the matter to the Ombudsman.

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Investigator's decision on behalf of the Ombudsman