Summary: We will not investigate this complaint about the actions of a Council commissioned care provider, resulting in Miss M receiving an injury. The complaint is late and there are no good reasons to consider it now.

The complaint

1. Mrs B complained on behalf of her sister, Miss M saying because of the poor care provided to her by a care worker, Miss M fell and received an injury. Mrs B said the care worker did not follow Miss M’s care plan while they were moving her and is looking for her sister to be compensated for her injury.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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How I considered this complaint

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

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My assessment

5. Mrs B was unhappy her sister received an injury during a time when a care worker was supporting moving her. Mrs B said her sister’s care plan provides guidance about how this should be done and believes the care worker gave an inaccurate account about what happened during the incident.
6. I will not investigate this complaint. The incident Mrs B refers to happened in September 2024 and she did not make a complaint to us until August 2026. Therefore, the restriction in our powers, which I have referred to at paragraph three means the complaint is late. I have not seen any good reasons why a complaint could not have been made to us sooner.

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Final decision

7. We will not investigate this complaint because it is late and there are no good reasons why a complaint could not have been made sooner.

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Investigator's decision on behalf of the Ombudsman