Summary: We will not investigate this complaint about lack of care and support provided to Ms B over the past seven years. This is because Ms B could have come to us sooner if she was concerned about the Council’s actions. There is no good reason for us to exercise discretion to investigate this late complaint now.

The complaint

1. Ms B complained to the Council in 2023 about the care and support she has received since 2017. Ms B says she was subject to a campaign of cruelty by care staff and management and lodged complaints with Adult Social Care in 2018 but it refused to investigate her concerns. Ms B says between 2018 and 2023 several Advocacy agencies have refused to help her and have lied about her. Ms B says she has made several Subject Access Requests (SAR’s)and found documents contained omissions and false information. Ms B says all organisations knew she was being bullied but did nothing to help her. This has caused a life changing deterioration in her health conditions. Ms B says she has been wrongly diagnosed and has struggled over the past seven years because of the Council’s absence and duty of care. Ms B wants someone to sort out the mess and provide her with a truthful explanation about what went wrong and why. Ms B would like an apology for the defamation of her character.

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.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Ms B could have come to us before now if she was concerned about the Council’s handling of her concerns about care providers over the years and its refusal to investigate her concerns in 2018. There is no good reason for us to exercise discretion to investigate these late complaints now.
6. We cannot comment on health diagnosis or make a finding that she has been wrongly diagnosed. We cannot investigate Advocacy services or their refusal to help and support Ms B.
7. Ms B can ask the Council to put a copy of her views on file clarifying the factual inaccuracies she has found from making subject access requests so there is a record of her views alongside those of the Council’s.
8. Ms B says she receives two hours of support each week and is concerned the Council is going to cut her weekly cleaning support. In addition, carers have refused to take her out in their car. I have not considered these points in this decision. Ms B will need to raise these concerns separately with the Council as they are current. The Council can reassess Ms B’s needs to determine if the support she is currently receiving meets her needs.

Back to top

Final decision

9. We will not investigate Ms B’s complaint because it is late and there is no good reason why Ms B could not have come to us sooner.

Back to top

Investigator's decision on behalf of the Ombudsman