Summary: We will not investigate this complaint about the Council’s failure to properly explain Mr X’s care charges. This is because it relates to events that took place more than 12 months ago and it would have been reasonable for Mr X to bring the complaint to us earlier. In addition, if we did exercise discretion to investigate the complaint, we would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council failed to provide a clear explanation for the care charges he has been paying.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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 there is not enough evidence of fault to justify investigating(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X contacted the Council in November 2023 to ask about two charges relating to his care which he did not understand. He said he believed he was being charged twice for the same service. He followed this up with a formal complaint in August 2024.
8. The Council told Mr X the charges were separate and related to council arranged carer costs and housing costs associated with his living arrangements. Mr X was unhappy with the Council’s explanation and brought the complaint to us.
9. The Ombudsman will not usually exercise discretion to investigate complaints about events that took place more than 12 months prior to the complainant becoming aware of them unless there are good reasons to do so. In this case, Mr X has been aware of this issue for several years. It would have been reasonable for him to bring this complaint to us sooner; there is no good reason to exercise discretion to investigate these matters now.
10. In addition, if we did exercise discretion to investigate the evidence shows the Council has provided Mr X with a clear explanation for the charges he is paying. It is unlikely an investigation would find fault with the Council’s actions.

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Final decision

11. We will not investigate Mr X’s complaint because it relates to events that took place more than 12 months ago and it would have been reasonable for Mr X to bring the complaint to us earlier.

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Investigator's decision on behalf of the Ombudsman