Summary: We will not investigate this complaint about the care received by Mr X or how Ms Y was treated. This is because it is a late complaint and there are no good reasons to exercise discretion to accept it now.

The complaint

1. Ms X complains about the care the Council provided for her late brother, Mr Y, and errors made in financing his care. Ms X also complains about how the Council treated her following Mr Y’s death.

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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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complains about the care received by Mr Y, and believes professionals neglected him, causing her to have safeguarding concerns.
6. Ms X also complains about how the Council treated her following the death of Mr Y.
7. Mr Y died in November 2017. Ms X complained to the Council in March 2020 and received a response in June 2020. Ms X first brought her complaint to us in November 2021.
8. The restriction outlined in paragraph two applies to this complaint because Ms X complains about events that took place more than 12 months ago. We have discretion to set aside this rule where we decide there are good reasons. In this case we have not exercised discretion because it is reasonable for Ms X to have complained to us sooner. Ms X has not provided good reasons why she did not complain to us within 12 months of knowing about the matter.

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Final decision

9. We will not investigate Ms X’s complaint because it is late and there are no good reasons to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman