Summary: The Ombudsman will not investigate Ms X’s complaint that the Council has refused to backdate a reduction in Mrs Y’s contribution to her care costs for the period late 2015 to 2016. The complaint is outside the Ombudsman’s jurisdiction because it is being made late.

The complaint

1. Ms X complains, for her mother Mrs Y, that the Council has refused to backdate a reduction in Mrs Y’s contribution to her social care costs for October 2015 to August 2016. Ms X says the Council failed to explain during its visits in 2014 and 2015 the need for a written financial agreement to exist between Mrs Y and her son showing why she was giving him £50 per week. Once an agreement was created, on 1 September 2016, the Council reduced the contribution but only from that time.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
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 have considered Ms X’s information, comments and reply to my draft decision statement. I have considered the Ombudsman’s decision, 24 August 2016, on Ms X’s last complaint about this situation (Reference 16003970). The Council has supplied some communications with Ms X about the matter from 2016 and 2017.

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What I found

5. On 24 August 2016 the Ombudsman wrote to Ms X to close her last complaint. There was no fault in the way in which the Council had assessed Mrs Y’s financial contribution to her care service. It was understood that Mrs Y and her son would do an agreement covering her expenses and the Council would reconsider the position.
6. On 5 October 2016 the Council wrote to Ms X having reviewed the position. It agreed to allow, from 29 August 2016, the £50 Mrs Y paid to her son as a valid expense. The Council refused to backdate and confirmed that the: ‘contribution for 19 October 2015 to 28 August 2016 continues…’. On 6 October Ms X wrote to the Council and explained why she was: ‘still not happy that you refuse to backdate…’ On 28 March 2017 the Council wrote and confirmed the position with Ms X. The Council explained its decision was due to there not being a contractual responsibility to pay earlier and a lack of evidence to provide an audit trail. It says this view is consistent with the Ombudsman’s earlier decision.
7. In 2016, the Ombudsman told Ms X that she could return to this office if she disagreed with the Council’s review of the position (the Council was to review whether Mrs Y’s contribution would cause her hardship). We explained to Ms X the law which requires a complaint is made to this office within 12 months of knowing about the matter. We advised her that if she wants to complain about the earlier period there might be a problem with us investigating on the 12 month rule.
8. Ms X says in her reply to the draft decision that because the Council did not pursue the backdated debt until this year she believed the debt had been written off. She says her mother’s contribution to her direct payments is nil for the period that the Council has accepted the £50 expenses. She says her mother cannot afford to pay the debt.

Analysis

9. I will not investigate this complaint for the following reasons:
1. Ms X’s complaint about the Council’s 2016/7 decision to refuse to backdate the reduction in Ms X’s financial contribution is outside the Ombudsman’s jurisdiction on the 12 month rule (see paragraph 3 above). Ms X complains late.
2. I will not exercise discretion to investigate because Ms X could have complained much sooner. The Council decided in late 2016 that it was not going to backdate the reduction. Ms X could have complained to the Ombudsman at that time.

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Final decision

10. The Ombudsman will not investigate Ms X’s complaint that the Council has refused to backdate a reduction in Mrs Y’s contribution care costs for the period late 2015 to 2016. The complaint is outside the Ombudsman’s jurisdiction because it is being made late.

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Investigator's decision on behalf of the Ombudsman