Summary: The Ombudsman will not investigate Mrs X’s complaint about increased care charges and the quality of her mother’s domiciliary care. This is because part of the complaint is late, and it is unlikely we could achieve anything more for Mrs X.

The complaint

1. Mrs X complains about increased charges for her mother’s domiciliary care. She is also unhappy about her mother’s carers being regularly changed and the recent quality of care.

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

5. The Council has responded to Mrs X’s complaints. It has explained that at the end of 2016, councillors agreed changes to the way people would be charged for services – including domiciliary care. The changes were intended to bring the Council’s polices in line with the Care Act and the associated ‘Care and Support Statutory Guidance’.
6. The Council has explained to Mrs X why her mother’s carers have been regularly changed. The reasons included disagreements over the type of care required, and carers ceasing to operate in the area.
7. In response to Mrs X’s complaint about the poor quality of care, the Council has agreed to write off the care costs from January 2019 to March 2019. This covers the period from when Mrs X first complained, to when the care provider ended their service. Mrs X says she is happy with this outcome.
8. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are clear and compelling reasons to do so. Mrs X’s complaint about the cost of her mother’s care dates to 2017 – it is therefore late. I see no reason why Mrs X could not have complained much earlier, and so the exception at paragraph 2 applies to her complaint. An investigation by the Ombudsman into this part of Mrs X’s complaint is not therefore appropriate.
9. In deciding whether to investigate a complaint, the Ombudsman needs to consider various tests. These include what we can achieve for the person complaining. We do not investigate all the complaints we receive. Mrs X says she is happy with the refund offered by the Council, and it is unlikely an investigation would lead to a different remedy. The Ombudsman’s involvement in this part of Mrs X’s complaint is not therefore warranted.

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Final decision

10. The Ombudsman will not investigate Mrs X’s complaint. This is because part of the complaint is late, and it is unlikely we could achieve anything more for Mrs X.

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Investigator's decision on behalf of the Ombudsman