Summary: Mrs X complained the Council failed to investigate concerns about an incident when her relative, Mrs Y, received domiciliary care. She also complained about poor complaint handling. Mrs X said this caused distress and believed Mrs Y would be alive if it were not for the incident. We have discontinued the investigation. This is a late complaint and there is no good reason to exercise discretion to consider this matter now. The Information Commissioner’s Office is better placed to consider the complaint about not providing information. The Ombudsman will not complete an investigation to only consider complaint handling.

The complaint

1. Mrs X complained the Council failed to investigate concerns about an incident when her relative, Mrs Y, received domiciliary care. She also complained about poor complaint handling. Mrs X said this caused distress and believed Mrs Y would be alive if it were not for the incident.

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. 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)
4. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

5. I read Mrs X’s complaint and spoke to her about it on the phone.
6. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
7. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Background information

8. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

What happened

9. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
10. Mrs Y received care in her home. Mrs Y fell, breaking her hip in March 2023. While in hospital, Mrs Y had a stroke.
11. Mrs X asked the Council to evidence its investigation into the incident in June 2023.
12. Mrs X continued to chase the Council. Mrs Y died in August 2023. Mrs X continued to chase the Council.
13. Mrs X complained to the Council in March 2024. She said the Council had not investigated the incident.
14. The Council responded to the complaint in June 2024. The response confirmed the Council investigated the incident appropriately.
15. Mrs X was not satisfied with the response and asked the Council for information.
16. Mrs X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Mrs X would like the Council to provide a full response and provide the information she asked for.

My findings

17. I am discontinuing my investigation. Mrs X was aware of the concerns about the Council’s investigation in early 2023. She approached the Ombudsman in February 2025. This is a late complaint, and I see no good reason to disapply the law, referenced in paragraph three.
18. Part of Mrs X’s complaint relates to the Council not providing information. Mrs X can approach the Information Commissioner’s Office for matters about the Council’s information sharing. I consider it reasonable for Mrs X to refer this matter to the Information Commissioner.
19. The last part of Mrs X’s complaint is about the Council complaint handling. As set out in paragraph eight, the Ombudsman will not complete an investigation to only consider complaint handling.

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Decision

20. I have discontinued my investigation. This is a late complaint and there is no good reason to exercise discretion to consider this matter now. The Information Commissioner’s Office is better placed to consider part of this matter. The Ombudsman will not complete an investigation to only consider complaint handling.

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Investigator's decision on behalf of the Ombudsman