Privacy settings

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Portsmouth City Council (18 017 757)

Category : Adult care services > Domiciliary care

Decision : Closed after initial enquiries

Decision date : 27 Mar 2019

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate Mr A’s late complaint that the Council denied his father, Mr B, his human rights between 2013 and 2017. This is because the complaints is late and Mr B has now died. Any injustice to Mr B cannot be remedied so there is no good reason for the Ombudsman to disapply the law to investigate this late complaint now.

The complaint

  1. Mr A says his late father, Mr B was denied his human rights and was routinely put in danger because of the Council’s actions. Mr A says he tried to complain before now but no one he approached, including the Council, did anything about it. Mr A says the Council told him his concerns would be dealt with by the court, but the court said it could not consider his complaints.

Back to top

The Ombudsman’s role and powers

  1. 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)

Back to top

How I considered this complaint

  1. I considered the information Mr A provided. I sent Mr A a copy of my draft decision and considered his comments on it.

Back to top

What I found

  1. Mr A complains about the Council’s actions as Mr B’s care provider between 2013 and 2017. Mr A says he complained at the time but was advised to go the Police, the Care Quality Commission and court, all of whom said could not deal with his complaints that his late father was denied his human rights and left in danger.
  2. The law says the Ombudsman can investigate complaints where the concerns were known of in the past 12 months. He can disapply the law and investigate complaints older than 12 months if there are good reasons. In this case the alleged injustice was Mr B’s and, sadly, as he has died, there is no suitable remedy to any fault an investigation might uncover.

Back to top

Final decision

  1. The Ombudsman will not investigate this complaint. This is because the complaints are late and Mr B has now died. Any injustice to Mr B cannot be remedied so there is no good reason for the Ombudsman to disapply the law to investigate this late complaint now

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page