Summary: We will not investigate this complaint about the Council’s decision to suspend Mr X’s direct payments. This is because the complaint is late and there are no good reasons to exercise discretion to investigate it now.

The complaint

1. Mr X complained the Council suspended his direct payments without explanation. He said the Council did not provide an advocate. He said the Council failed to provide him with the necessary documents to complete payroll for his carers.
2. He said the Council caused him financial worry and distress as he had to self-fund his care for two months. He wants the Council to reinstate direct payments and repay arrears.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate this complaint. Mr X became aware of the issue in August 2024 when the Council suspended his direct payments. The Council said that since its response it reinstated Mr X’s direct payments and Mr X made two further complaints.
8. We expect a person to complain to us within 12 months of being aware of a matter and Mr X did not complain to us until January 2026. Therefore, the complaint is late, and there is no good reason to exercise discretion to consider it now.

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Final decision

9. We will not investigate Mr X’s complaint because the complaint is late and there is no good reason to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman