Summary: We will not investigate this complaint about the Council’s actions relating to a care and support plan. This is because part of the complaint is late and I have not seen evidence of good reasons why a complaint could not have been made to us sooner. Nor will I investigate a complaint about the Council’s decision to review that plan. It would be reasonable for Ms X to allow the Council to complete a review.

The complaint

1. Ms X complains about several matters relating to how the Council ensured her son’s (Y) care and support needs were provided. She says the Council has:
• Not properly considered or reviewed Y’s care and support plan from 2019 onwards.
• Mismanaged their financial contributions from 2021 onwards.
• Improperly requested a review of Y’s care and support plan in 2026.
2. Ms X wants the Council to agree a care and support plan in line with the 2019 assessment, and cancel any debt accrued because of its financial mismanagement.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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 it would be reasonable for the person to allow for a council review. (Local Government Act 1974, section 24A(6), section 34(B))
6. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

7. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X approached us in August 2026 and raised several concerns relating to how the Council has managed Y’s care and support planning and secured that provision over several years.
9. The law which I have highlighted in paragraph four says we should not investigate complaints about matters which happened more than 12 months before a complaint was made to us.
10. The only exception to this would be where we see good reasons why a complaint could not have been made to us sooner. However, I have not seen any evidence of good reasons why a complaint could not have been made sooner. Therefore, I will only consider matters that have happened since August 2025.
11. Ms X said the Council was wrong to try and recover an outstanding debt relating to care and support contributions. I will not investigate because I am not satisfied the Council has had an opportunity to investigate and reply to a complaint about this matter.
12. Nor will I investigate Ms X’s complaint about the Council’s request to carry out a review of Y’s care and support plan in 2026. The Council said it was necessary to do this to ensure Y’s care and support needs and provision are up to date and accurate.
13. I acknowledge Ms X feels that the Council’s earlier failure means this should not be necessary. However, it would be reasonable to allow the Council to complete the review, and it is then open for Ms X to raise a new complaint with the Council about its response. She can make a complaint to us if she remains unhappy after she receives the Council’s final response.

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Final decision

14. We will not investigate Ms X’s complaint because part of it is late and there are no good reasons to exercise discretion to consider the parts that are late. Nor will we investigate the remainder of her complaint because it would be appropriate to allow the Council to complete its review.

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Investigator's decision on behalf of the Ombudsman