Summary: We will not investigate Mrs X’s complaint about the Council not sourcing suitable carers for her when she needed help with showering. She says the carers did not hold enhanced disclosure and barring service clearance. This is because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is insufficient evidence of fault.

The complaint

1. Mrs X complains the Council did not source suitable carers for her when she needed help with showering. She says the carers the Council commissioned did not hold enhanced disclosure and barring service clearance.

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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mrs X asked the Council for support with showering and received support from a care provider in January 2022. Mrs X complained the care staff did not have enhanced disclosure and barring service (DBS) clearance.
7. This complaint is late as the matter complained about happened more than 12 months ago and there are no good reasons to exercise discretion to consider the late complaint.
8. Even if we were to exercise discretion, I am satisfied an investigation is not justified because we are not likely to find fault. This is because there is evidence the care staff did hold valid enhanced DBS clearance during the period they provided care to Mrs X. The Council provided a copy of an email from the care provider which detailed, for each carer, the DBS numbers and date the enhanced DBS was renewed. Each enhanced DBS was valid for one year.
9. We are also not likely to find fault with the Council as while there does appear to be a period where the Council failed to provide care and support, despite Mrs X being eligible, this was because it was Mrs X who declined to accept a care package or direct payments. Since March 2024, Mrs X has received appropriate care and support from the Council.

Back to top

Final decision

10. We will not investigate Mrs X’s complaint because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is insufficient evidence of fault.

Back to top

Investigator's decision on behalf of the Ombudsman