Summary: We will not investigate this complaint about care provided to Mr X’s brother or damaged caused to a property. This is because this is a late complaint and there are no good reasons to consider it now.

The complaint

1. Mr X complains about on behalf of his brother, Mr Y. Mr X complains a Care Provider failed to provide his brother with proper care and caused damage to the property where his brother was living.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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 or care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y’s care package with the Care Provider ended in September 2019. Mr X was aware of the issues complained of at the time the care package was ended but he did not complain to the Ombudsman until November 2021. Therefore this is a late complaint.
7. We have discretion to set aside this restriction where there are good reasons. I cannot see any reason why Mr X could not have raised a complaint about his brother’s care or damage to the property sooner. Therefore we will not investigate this complaint.

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Final decision

8. We will not investigate Mr X’s complaint because it is a late complaint and there are no good reasons to investigate now.

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Investigator's decision on behalf of the Ombudsman