Summary: We will not investigate Mr X’s complaint about the Council providing poor care to his mother, Mrs Y. This is because it is late.

The complaint

1. Mr X complained the Council’s commissioned domiciliary Care Provider provided poor care to his mother, Mrs Y. He wants the Council to reduce the outstanding care fees.

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The Ombudsman’s role and powers

2. We can decide whether to start an investigation or whether to only investigate part of a complaint made to us. When someone complains on behalf of a person who lacks mental capacity, we may decide not to investigate because the events happened too long ago, meaning we are unlikely to be able to reach reliable conclusions and unlikely to achieve meaningful outcomes. (Local Government Act 1974, sections 24A(6) and 34B(8), 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 we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. We will not investigate Mr X’s complaint because it is late. Mr X said between mid-2021 and mid-2024, the Council provided poor care to his mother, Mrs Y. The matters he complains about therefore occurred more than 12 months ago. We expect people to complain to us within 12 months of becoming aware of the matter complained of.
7. In any event, even if we were to consider the more recent aspects of Mr X’s complaint, including that care workers failed to report the deterioration in Mrs Y’s health, failed to explore strategies when she declined personal care and kept poor records, we would not recommend a reduction in the outstanding care fees. This is because, on the available evidence, care was provided and any faults identified by the Council in its response would not justify a reduction in fees proportionate to the injustice caused, in line with our Guidance on Remedies.

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Final decision

8. We will not investigate Mr X’s complaint because the matters he complains of happened more than 12 months ago and so it is late.

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Investigator's decision on behalf of the Ombudsman