Summary: We will not investigate Mrs X’s complaint about the Council pursuing her for outstanding care charges for her late husband. The complaint is late and there are no good reasons to exercise discretion to investigate now.

The complaint

1. Mrs X complains the Council is pursuing her for outstanding care charges following her late husband’s admission to a residential care home in 2022. Mrs X believes she should not be liable for the charges and the Council should stop chasing her for payment.

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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)
3. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable. (Local Government Act 1974, section 26A(2), as amended)

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How I considered this complaint

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

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My assessment

6. The Council completed a financial assessment of Mrs X’s husband, Mr Y, and shared the details of this in October 2022. At this time, the Council confirmed Mr Y would be liable for full care charges because he had savings above the minimum threshold of £23,250. Mrs X has been complaining to the Council since January 2023 about the care charges it says Mr Y owed for the time he spent in residential care. The Council has maintained Mrs X remains liable for the charges and offered to let her repay this in instalments.
7. We usually expect people to complain to us within 12 months of the events they are complaining about. Mrs X has been aware of her late husband’s care charges since at least the beginning of 2023. Any issues she continues to have about the Council still pursuing her for this debt are now late. I have seen no good reasons why Mrs X could not have brought her concerns about this issue to us sooner. Because of this I will not exercise discretion to investigate this late complaint now.

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Final decision

8. We will not investigate Mrs X’s complaint because it is late. There are no good reasons to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman