Summary: The Ombudsman will not investigate Ms A’s late complaint about the Council’s failure to properly advise her on applying for housing benefit for the person she cares for, Ms B, between 2015 and 2017. This is because Ms A could have come to the Ombudsman sooner if she was concerned about the Council’s actions. There is no good reason for the Ombudsman to disapply the law and investigate this late complaint now.

The complaint

1. Ms A says she agreed with the Council in 2015 she would accept responsibility for caring for Ms B, for three weeks only. The Council agreed this then offered Ms A the opportunity to apply to be a Shared Lives Carer (SLC). Ms A says the Council took too long to consider her application, so she decided in 2016 not to pursue it. In 2017 the Council suggested Ms A either reapply to become a Shared Lives Carer or apply for housing benefit for Ms B. Housing benefit was agreed in 2017 but not backdated to 2015. Ms A says the Council did not assess Ms B’s needs between 2015 and 2017 and she is owed a lot of money for care and support she provided to Ms B during this period.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

3. I discussed the concerns with Ms A and considered the information and documentation she and the Council provided. I sent Ms A a copy of my draft decision for comment.

Back to top

What I found

4. Ms A’s local Councillor complained to the Council on her behalf and received a response in April 2018 referring her to the Ombudsman. The Council also wrote to Ms A in June 2018 following receipt of a complaint from her in May 2018 referring her to the Ombudsman.
5. The law says complaints to the Ombudsman must be made-

• in writing, and
• before the end of the permitted period.

(2) In subsection (1)(b), “the permitted period” means the period of 12 months beginning

With-

• the day on which the person affected first had notice of the matter, or
• if the person affected has died without having notice of the matter—
• the day on which the personal representatives of the person affected first had notice of the matter, or
• if earlier, the day on which the complainant first had notice of the matter.

(3) A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint.

6. Ms A contacted the Ombudsman in August 2019. She says she has not been able to make contact sooner because she has been attending to the complex needs of Ms B. Ms B has not suffered any injustice because of the Council’s actions warranting an investigation because Ms A was meeting those needs.
7. Ms A could have come have asked the Council to escalate her complaints between 2015 and 2017 if she was not satisfied with the way it was dealing with her concerns during this period. At the latest Ms A could have come to the Ombudsman in June 2018 when advised to. There is no good reason for the Ombudsman to disapply the law in this case and investigate Ms A’s late complaints.

Back to top

Final decision

8. The Ombudsman will not investigate this complaint. This is because Ms A could have come to the Ombudsman sooner so there is no good reason for him to disapply the law and investigate this matter now.

Back to top

Investigator's decision on behalf of the Ombudsman