Summary: We will not investigate this late complaint about the quality of domiciliary care and associated charges. There is not a good reason for the delay in Mr X complaining about the matter. There is insufficient evidence of fault in the Council’s more recent actions.

The complaint

1. Mr X complained:
• the Council sent a bill for more than £3,800 for his mother’s (Mrs Y’s) domiciliary care, which he believed to be disproportionate;
• carers were not completing their duties to a satisfactory standard; and
• carers were not staying for the full period they were contracted to.
2. Mr X said when he received the invoice in September 2024 he cancelled care, and he and his wife began providing care instead. Mr X said Mrs Y could not afford the charges.

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The Ombudsman’s role and powers

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 or care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mrs Y received care between March and September 2024. Mr X says when he received an invoice for her care, he cancelled the care package. Mr X and his wife now care for Mrs Y instead.
8. Mr X complained to the Council about the quality of Mrs Y’s care. The Council issued a response in May 2025 and signposted him to the Ombudsman. Mr X did not complain to us, nor did he pay the invoice.
9. Mr X then complained to the Council again in late 2025 after it sent a further invoice. The Council issued a complaint response in December 2025. Mr X complained to us in January 2026.
10. The law says people must complain to us within 12 months of becoming aware of the matter, unless there are good reasons. Mr X was aware of all quality of care concerns, and the cost of Mrs Y’s care, by September 2024 at the latest. Mr X could have escalated his complaint about the quality of Mrs Y’s care in May 2025. He could also have complained much sooner to the Council and then us, about the cost of the care package.
11. After the Council’s complaint response of May 2025, Mr X had a reasonable expectation that it still considered payment due. He did not take action between May 2025 and September 2025. There is not a good reason for the delay in him acting further and complaining to the Ombudsman, and we will not therefore investigate this late complaint.
12. There is insufficient evidence of fault by the Council in its more recent actions in chasing the debt. It is entitled to pursue unpaid debt for care charges.

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Final decision

13. We will not investigate Mr X’s late complaint because there is not a good reason for the delay in him complaining. There is insufficient evidence of fault in the Council’s later actions to warrant investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman