South Gloucestershire Council (23 006 187)
Category : Adult care services > Disabled facilities grants
Decision : Closed after initial enquiries
Decision date : 31 Aug 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s alleged failure to carry out a needs assessment for Mr X. This is because it relates to events that took place more than 12 months ago and it would have been reasonable for Mr X to have referred these matters to us at the time.
The complaint
- Mr X complained the Council failed to carry out a proper risk assessment and did not provide handrails he needed to move around safely.
- Mr X advises he had to install the handrails at a personal cost to himself.
The Ombudsman’s role and powers
- 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. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X said the Council told him in 2019 that it would fit external rails to allow him to move around safely. He also said the Council failed to carry out a property needs and risk assessment at this time also.
- Mr X is unhappy because he has since installed the rails himself and he wants us to find the Council at fault. The evidence shows the events Mr X is complaining about took place over three years ago. There is no good reason to exercise discretion to investigate matters that took place this long ago. Further, there is no good reason Mr X could not have brought these matters to us at the time.
Final decision
- We will not investigate Mr X’s complaint because it concerns events that took place more than 12 months ago and it would have been reasonable for Mr X to have referred these matters to us at the time.
Investigator's decision on behalf of the Ombudsman