Summary: We will not investigate this late complaint about a debt relating to Mrs Y’s care. Miss X became aware of the debt in 2022 and there is not a good reason for the delay in complaining to us about the matter.

The complaint

1. Miss X complained about how the Council handled a debt relating to her mother’s (Mrs Y’s) care. The Council said the debt arose due to a Deferred Payment Agreement (DPA) made before Mrs Y’s death, however Miss X said the family never agreed to the arrangement. Miss X said the Council also delayed significantly in communicating about the matter.
2. Miss X said the matter caused significant distress at a time when the family were grieving. She wanted the Council to cancel the debt of more than £30,000.

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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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

6. Mrs Y died in 2022. The Council wrote to Miss X the following day to confirm the amount it said was due from Mrs Y’s estate.
7. Miss X says she then made repeated attempts to seek clarity from the Council, including meeting with its solicitor. She says communication was inconsistent and at times the Council took up to a year to respond to her.
8. The law says people must complain to us within a year of becoming aware of the matter, unless there are good reasons.
9. I have taken into account the grief the family experienced. However, I have also considered that Miss X was in active correspondence with the Council during this time and she could have raised a formal complaint at an earlier date. She could then have contacted us if she did not receive a timely response.
10. Miss X made a formal complaint to the Council in January 2026, at least three years after the family became aware of the debt. The Council declined to investigate the complaint given the time that had passed. Miss X brought her complaint to us in February 2026.
11. While I have considered that Miss X says the Council took significant time to reply to correspondence, it was open to the family to begin the formal complaint process much sooner and escalate to us within a year of becoming aware of the debt. There is not a good reason for the delay in complaining and so we will not investigate this complaint.

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Final decision

12. We will not investigate Miss X’s late complaint because there is not a good reason for the delay in complaining about the matter.

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Investigator's decision on behalf of the Ombudsman