Summary: We will not investigate this complaint about the Council’s care charges. This is because the complaint was not brought to us in good time.

The complaint

1. Mr X complains the Council has wrongly charged Ms Y for a nursing home stay following a hospital discharge in April 2024. He says the Council arranged the care with Ms Y at a time when she lacked the capacity to make decisions due to illness and the effects of medication.

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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)
4. We can decide whether to start an investigation or whether to only investigate part of a complaint made to us. When someone complains on behalf of a person who lacks mental capacity, we may decide not to investigate because the events happened too long ago, meaning we are unlikely to be able to reach reliable conclusions and/or unlikely to achieve meaningful outcomes. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We usually expect complainants to contact us within 12 months and in any event in good time for us to achieve a meaningful outcome.
8. Mr X complains about the Council’s actions and decision making in April 2024 however he did not contact us until December 2025.
9. I have taken account that Ms Y suffered health issues and had ongoing treatment. However, she remained able to complain to the Council in September 2024 and the Council provided a final response, signposting to us in December 2024.
10. I have also taken account that Ms Y was awaiting a further report from the Council and believed she needed this to support a complaint. However our published information makes clear complainants should contact us within 12 months and we can gather any information we need. I also note the Council made clear in January 2025 that it did not have this report.
11. I will not investigate the complaint as it arose too long ago and it was not raised to us in good time.

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Final decision

12. We will not investigate Mr X’s complaint because too much time has passed.

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Investigator's decision on behalf of the Ombudsman