Summary: We will not investigate this late complaint about the Care Provider raising safeguarding concerns about Mr X in 2021. There is not a good reason for the delay in Mr X complaining.

The complaint

1. Mr X complained about the Care Provider making safeguarding allegations about him in 2021. He says this contributed to his wife’s death.

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 care provider 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 Care Provider.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X says the Care Provider raised concerns about him in 2021. His wife died later in 2021, and he says the Care Provider’s actions contributed to her death.
6. Mr X says his wife died in August 2021 and the social worker told him at that time to raise the matter with the Care Quality Commission. He did so in early 2023, and was signposted to the Ombudsman.
7. The law says people should bring complaints to us within 12 months of becoming aware of the matter. Mr X says the events have caused him distress, and due to this he did not complain sooner. This alone is not sufficient reasoning for the considerable delay, and we will not now investigate the matter.

Back to top

Investigator's decision on behalf of the Ombudsman