Lancashire County Council (25 002 288)
Category : Adult care services > Charging
Decision : Closed after initial enquiries
Decision date : 01 Sep 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about delay in acting on the family’s request for her stepfather to return home and about the care he received at the new care home. This complaint is late and there is no good reason to exercise our discretion and investigate.
The complaint
- Mrs X complained the Council transferred her stepfather, Mr Y, to a new care home even though the family asked for him to return home. She says its delay in acting on the family’s request meant Mr Y stayed at the care home for longer than necessary and that he did not receive appropriate care while he was there.
- Mrs X says it caused her stress and frustration and feels the fees are unfair given the Council’s actions. She also says this caused her mother, Mrs Y, distress and that it affected her health.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr Y went into a care home for respite in late spring 2023. The care home served notice that it could not meet his needs, and the Council transferred him to a new care home.
- Mrs X says the family asked for Mr Y to return home when the notice was served but the Council did not agree to this request for two months. He returned home in late summer and passed away shortly after.
- Mrs X feels the Council should waive the outstanding invoice for Mr Y’s care after he was transferred. She says this is because the quality-of-care was inadequate and given the Council delayed acting on the request to return home.
- We will not investigate this complaint because it is late. The events Mrs X complains about took place in 2023. There is no good reason why she could not have come to us sooner.
Final decision
- We will not investigate Mrs X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman