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.
- 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.
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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered the information Mr A provided. I sent Mr A a copy of my draft decision and considered his comments on it.
What I found
- 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.
- 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.
- 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
Investigator's decision on behalf of the Ombudsman