Summary: We will not investigate this complaint about a Council decision regarding a Shared Lives Carer service user. The Council made the decision in 2017 and the complainant could have complained to us sooner. This as a late complaint.

The complaint

1. Mr X is a Shared Lives Carer. He complains that in 2017 the Council made a decision about one of his service users. He alleges this decision misused the Mental Health Act. He says he and his wife raised this with the Council, but it ignored them and would not share the information behind the decision.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My Assessment

5. The restriction outlined in paragraph two applies to this complaint because Mr X complains about events that took place more than 12 months ago. We have discretion to set aside this rule where we decide there are good reasons. In this case we have not exercised discretion because it is reasonable for Mr X to have complained to us sooner. Mr X has not provided good reasons why she did not complain to us within 12 months of knowing about the matter.

Back to top

Final decision

6. We will not investigate Mr X’s complaint because it is a late complaint. It relates to events that happened more than 12 months ago. It is reasonable to have expected Mr X to bring the complaint to us sooner.

Back to top

Investigator's decision on behalf of the Ombudsman