Cambridgeshire County Council (24 006 869)
Category : Adult care services > Domiciliary care
Decision : Closed after initial enquiries
Decision date : 18 Nov 2024
The Ombudsman's final decision:
Summary: Ms Y complains a Care Agency failed to ensure her relative received care in line with her care plan in 2023. We will not investigate. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint has been made late and there are no good reasons to explain the delay.
The complaint
- In summary, Ms Y says a Care Agency (on behalf of the Council) failed to provide care in line with the care plan. Ms Y says this resulted in her late relative, Mrs X, losing weight and being admitted to hospital with dehydration and malnutrition.
The Ombudsman’s role and powers
- We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My Assessment
- I will not investigate Ms Y’s complaint as it has been made late outside of our usual expectation that complainants raise their concerns within 12 months of becoming aware. Ms Y was aware in March 2023 of the matters she raises with us now. And while the Care Provider responded to her complaint in September 2023, Ms Y left another 11 months before raising her complaint to us in August 2024. I do not see good reasons why Ms Y did not complain to us by March 2024.
Final decision
- We will not investigate Ms Y’s complaint because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint lies outside our jurisdiction as it has been made late and there are no good reasons to explain the delay.
Investigator's decision on behalf of the Ombudsman