Summary: We will not investigate Mr X’s complaint about the Council’s handling of his father’s care and social care charges. This is because his complaint is late and we have seen no good reason why he could not have complained to us sooner.

The complaint

1. Mr X complains that in August 2022, whilst his father was under the care of a care agency and the Council, he found his father’s bed and carpet soiled. The toilet was also dirty. Mr X said a meeting was arranged with the care agency for December 2022, but they did not attend.
2. Mr X said he complained to the Council but did not receive a response. He said he eventually heard from the Council in August 2025.
3. He also complains that he continues to be pursued for care charges even though he has disputed paying them until his complaint is resolved.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

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

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My assessment

8. Mr X became aware of the matters he complains of in August 2022. I accept he did complain to the Council and there was a long delay in getting a response. However, the law says a complaint must be made to us within 12 months of a person becoming aware of the problem, not when they received a response from the council.
9. We note the Council have advised Mr X that he has completed its complaint process and signposted him to us if he remains dissatisfied. Mr X has also been recently in contact with the Council regarding the care charges for his father.
10. Whilst we acknowledge Mr X’s concerns, we will not investigate his complaint because it is late. Mr X took 3 years to bring his complaint to us.

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Final decision

11. We will not investigate Mr X’s complaint because it is late and we have seen no good reason why he could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman