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Cornwall Council (25 014 506)

Category : Adult care services > Charging

Decision : Closed after initial enquiries

Decision date : 25 Feb 2026

The Ombudsman's final decision:

Summary: We will not investigate this late complaint about the Council’s financial assessment for adult social care. There is not a good reason for the delay in Mrs X complaining to us.

The complaint

  1. Mrs X complained about the Council’s financial assessment for her adult daughter’s (Miss Y’s) care. Her concerns were that it:
    • used inaccurate information and ignored relevant reports and advice;
    • twisted calculations in its favour;
    • lacked understanding of Miss Y’s disability;
    • failed to provide accurate information and provided no information about Disability Related Expenditure; and
    • was not transparent about how contributions were calculated and failed to respond to requests for information.
  2. Mrs X said this caused significant distress and a backdated invoice for charges she did not agree with. She wanted the Council to provide staff training and make service improvements.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council carried out a financial assessment in early 2024, to calculate
    Miss Y’s contributions to her care charges. Mrs X appealed the outcome in April 2024. The Council confirmed its final position in June 2024 and said Miss Y’s contribution was £50.76 weekly.
  2. Mrs X complained to the Council in October 2024. It sent her a final complaint response at the end of October 2024, signposting her to the Ombudsman as the next stage to escalate her concerns.
  3. The law says people must bring complaints to us within 12 months of becoming aware of the matter, unless there are good reasons. Mrs X became aware of the matter she complains about in June 2024 at the latest, and complained to us 15 months later, in September 2025. The complaint is therefore late and I must consider whether there was good reason for the delay.
  4. Mrs X wrote to the Council again after its final response, however she could instead have escalated her complaint to us. The Council told her in November 2024 it would consider an allegation she had made of financial abuse as a safeguarding matter. However, this did not prevent Mrs X contacting us. It was clear to Mrs X in October 2024 that disagreement remained between her and the Council, and it was reasonable for her to bring the matter to us at that time. We will not investigate this late complaint.

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Final decision

  1. We will not investigate Mrs X’s late complaint because there is not a good reason for the delay in the matter being brought to the Ombudsman.

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Investigator's decision on behalf of the Ombudsman

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