Summary: We will not investigate this complaint about adult social care. This is because we cannot carry out a full, fair and effective investigation into the Council’s actions now due to the significant passage of time since the events complained about.

The complaint

1. Mr B said a care provider acting on behalf of the Council routinely pilfered money from his relative’s, Ms C’s, account up to 2023. Mr B said the care provider evicted Ms C from the care home because of his complaint. Mr B sids Ms C has lost a large sum of money and wants a refund plus interest.

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The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who cannot authorise someone to act for them. The complaint may be made by someone we consider to be suitable. (Local Government Act 1974, section 26A(2) and 34C(2), as amended)
3. Ms C cannot complain herself; we have accepted Mr B as a suitable representative.
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
5. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council arranges Ms C’s adult social care in a residential care home. Any actions of care providers in meeting Ms C’s needs are considered actions on behalf of the Council.
9. We do not normally investigate concerns that happened or were known about more than 12 months before we are contacted. It would be difficult to now prove with any certainty what the care provider spent Ms C’s money on in 2023, and whether there was any misspending that it should refund. Mr B has given no good reasons why he did not raise this complaint sooner, especially as the care provider has already responded to concerns about 2024 spending.
10. Mr B previously raised his concern about Ms C’s eviction but did not complete the Council’s own complaint procedure. There is no good reason for the Ombudsman not to allow the Council to consider it first.

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Final decision

11. We will not investigate Mr B’s complaint because I am not confident there is a realistic prospect of reaching a sound, fair and meaningful decision about what the care provider spent Ms C’s money on in 2023. I am not satisfied that Mr B could not have complained sooner.
12. Mr B did complain sooner about Ms C’s eviction but has not yet completed the Council’s own complaint procedure. We should allow the Council to consider this first, though this issue is now also over twelve months ago.

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Investigator's decision on behalf of the Ombudsman