Summary: We will not investigate Mr X’s complaint about the Council’s calculation of his brother’s contributions towards the cost of his care. The complaint lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now.

The complaint

1. Mr X complains on behalf of his brother, Mr Y. He complains the Council has consistently failed over many years to correctly calculate and invoice him for his contribution towards his care costs. This has led to the Council issuing invoices for over £10,000 for Mr Y’s care.

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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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X first complained to the Council about this matter in December 2023.
7. The Council issued its final response to the complaint in April 2024. This response signposted Mr X to this office if he remained dissatisfied. It also explained there is a 12 month time limit to make a complaint to us, from the date he first became aware of the matter, not from the date of the Council’s final response. Mr X did not complain to us until August 2025.
8. We will not investigate Mr X’s complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person first becoming aware of the matter. Mr X was aware of this matter well over 12 months ago and was clearly signposted to us and advised of the 12 month time limit for making a complaint in the Council’s April 2024 response. I see no good grounds to exercise discretion to consider this very late complaint now.

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Final decision

9. We will not investigate Mr X’s complaint. It lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman