Reading Borough Council (21 007 560)
Category : Adult care services > Domiciliary care
Decision : Closed after initial enquiries
Decision date : 19 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council handled social care arrangements. Mr X complained about events that took place pre-2019. We cannot consider late complaints about matters which took place more than 12 months ago. There is no reason why Mr X could not have complained to us sooner.
The complaint
- Mr X complained about the Council’s handling of social care for his late friend whom he had cared for. He also complained about the Council’s treatment of himself. He said the situation has left him with anxiety.
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 information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X said he cared for his late friend Mrs Y for a year. He said that when her health deteriorated, he organised social care assistance up until she passed away in January 2019. He said the Council delayed providing Mrs Y with care and treated him badly as he was not a registered carer.
- Although Mrs Y passed away in January 2019, Mr X has continued to contact the Council about a range of issues, specifically whether he can visit Mrs Y’s daughter.
- When a complaint is about a matter than happened over 12 months ago, the law says we should not consider it. Mr X’s complaint relates to matters that are three years old. I see no reason why Mr X did not complain to us sooner.
Final decision
- We will not investigate Mr X’s complaint because the substantive issue is over 12 months old. There is no reason why Mr X did not complain to us sooner.
Investigator's decision on behalf of the Ombudsman