Royal Borough of Kingston upon Thames (25 019 966)
Category : Adult care services > Charging
Decision : Closed after initial enquiries
Decision date : 04 May 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council payments for Mr X’s uncle’s care between 2020 and 2022. As executor, Mr X was aware of this matter at least three years before approaching us, and there is no good reason for us to investigate this matter now. It would also be reasonable for Mr X to pursue his legal claim against the Council.
The complaint
- Mr X says the Council paid less than it should have for his late uncle’s care in the family home between 2020 and 2022. He says it should have paid the same sums it would have done if his uncle had been in residential care.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended).
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s uncle died in 2022. Mr X was his executor. He would thus have been aware of the matter he now complains of at least three years before approaching us. There is no good reason for us to investigate these matters now.
- Mr X has issued a claim against the Council, to which it has replied. It would be reasonable for him to pursue the claim in court.
Final decision
- We will not investigate Mr X’s complaint because it is late with no good reason for us to exercise discretion to investigate it now. It would also be reasonable for Mr X to pursue his claim against the Council in court.
Investigator's decision on behalf of the Ombudsman