Summary: We will not investigate this complaint about the Council stopping Ms Y’s Section 117 aftercare funding as we have considered part of the complaint before and other aspects of the complaint are late.

The complaint

1. Mr X complained on behalf of Ms Y. He complained that the Council unreasonably stopped Ms Y’s Section 117 aftercare funding between 2021-2024 and failed to safeguard her when she accrued care home fees. Mr X says that as a result the care provider is recovering significant care home fees from Ms Y.

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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)

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How I considered this complaint

4. I considered information provided by Mr X on behalf of Ms Y and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council placed Ms X in a residential care home in 2020 which was funded by Section 117 aftercare funding. The Council ended the funding in 2021 but Ms Y remained in the care home so was required to pay her own care fees. The care home evicted Ms Y in 2023. Ms Y has been in receipt of Section 117 aftercare for a care package at home since 2023.
7. We cannot investigate the Council’s decision to stop the Section 117 aftercare in 2021. This is because Ms Y made a complaint to us in 2022 about this matter. We cannot consider a complaint that we have previously decided.
8. We will not investigate Mr X complaint about the Council failing to safeguard Ms Y when she accrued the care home fees. Ms Y would have been aware between 2021 and 2023 that the Council had not taken action to prevent her from accruing care home fees before she was evicted in 2023. So, the complaint is late. We are mindful that Ms Y now does not have capacity. But she previously made a complaint to us and had representatives until 2023. We understand Ms Y’s representatives ended their involvement as they considered she had capacity at that time. We therefore consider Ms Y could have made her complaint sooner and there are no good reasons to exercise discretion to consider the complaint.

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Investigator's decision on behalf of the Ombudsman