Summary: We will not investigate Mr B’s late complaint about the Council decision not to investigate historical matters about his mother’s Mrs D’s care. This is because Mr B could have come to the Ombudsman sooner if he was concerned about Mrs D. There is no good reason for us to disapply the law in this case.

The complaint

1. Mr B complained to the Council about it allowing his sister, Ms C, to remove his mother, Mrs D and take her abroad. Mr B says the Council continued to pay for care whilst Mrs D was away and says this is financial abuse. Mr B says he has been unable to work to the past two years because he feels he needs to provide care to Mrs D who suffers with Alzheimer’s disease and disagrees with his sister’s and the Council’s view that she can be left alone.

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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)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered the information and documentation Mr B provided. I sent Mr B a copy of my draft decision for comment.

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What I found

5. Mr B complained the Council failed to investigate his concerns about it allowing Ms C to take Mrs D abroad and it paying for her care whilst they were out of the country.
6. The Council says although Mr B’s concerns go back some time it found no evidence of any abuse occurring at the time. It says it will not investigate historical matter now and explained Mrs D’s finances are managed by its Financial Affairs Department, with a pre-paid card issued to her sister, Mr B’s aunt, to purchase groceries for her. The Council explained any concerns Mr B has regarding debt accrued as a result of benefits overpayment should be taken up with the DWP.
7. It is unlikely further investigation could add to the Council’s response. There is no good reason to disapply the law to investigate this late complaint now.
8. Mr B says he disagrees with the Council’s and his sister’s view that Mrs D can be left alone for periods of time.
9. The Council has explained Mrs D has been assessed and has been in receipt of 14 hours of care and support each week since February 2020. This has been reviewed and meets her assessed needs well. It says Mr B and Ms C disagree about how care should be provided to Mrs D and said they should try to reach an agreement so it can support alternative arrangements for Mrs D if needed.
10. It is unlikely any further investigation by the Ombudsman could add to this. Mrs D’s care needs have been assessed and support provided for 14 hours a week. Although Mr B disagrees with this, we could not say Mrs D is unable to be left alone. The Council will reassess Mrs D’s care needs if they change.

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Final decision

11. We will not investigate this late complaint. This is because Mr B could have come to the Ombudsman sooner if he was concerned about Mrs D. There is no good reason for us to disapply the law in this case.

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Investigator's decision on behalf of the Ombudsman