Summary: We will not investigate this complaint about the Council’s decision to stop Mr X’s direct payments. This is because the complaint is late; it would have been reasonable for Mr X to complain sooner.

The complaint

1. Mr X complained the Council stopped his direct payments unfairly in 2023.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained the Council unfairly stopped his direct payments in 2023.
   He said he has been forced to borrow money to meet his care needs.
7. The Council said Mr X had not contacted it in almost two years and it would need to carry out a new assessment before reinstating Mr X’s direct payments.
8. Mr X wants us to find the Council at fault. The Ombudsman will not usually exercise discretion to investigate complaints regarding events that took place more than 12 months prior. In this case, Mr X has been aware of this issue for over 2 years. It would have been reasonable for him to contact us sooner. There is no good reason to exercise discretion to investigate.

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Final decision

9. We will not investigate Mr X’s complaint because the complaint is late; it would have been reasonable for him to complain sooner.

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Investigator's decision on behalf of the Ombudsman