Summary: The Ombudsman will not investigate Mrs A’s late complaint about the actions of Council staff in 2016 and 2017. This is because Mrs A could have come to the Ombudsman sooner if she was concerned and there is no good reason to disapply the law to investigate these matters now. Mrs A’s allegations of intimidation and harassment amount to a personal injury claim that is properly for the courts to determine.

The complaint

1. Mrs A’s legal representative says the inappropriate and unprofessional behaviour of a Council employee has caused unnecessary and additional health problems for his client.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered the information and documentation Mrs A’s legal representative provided. I sent Mrs A’s legal representative a copy of my draft decision for comment before issuing a final decision.

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What I found

5. Mrs A complained to the Council in March 2019 about the actions of its staff during 2016 and 2017, a difficult period as Care Providers when the Care Quality Commission (CQC) issued a Notice of Proposal to cancel the provider’s registration on three care homes.
6. Mrs A says she did not complain before because she was not advised to and believed the staff member would make their lives ‘considerably more difficult’ for them whilst their homes were still open. Mrs A says the behaviours of the employee resulted in her suffering and still receiving treatment for psychological trauma, Post Traumatic Stress Disorder, anxiety and depression.
7. The Council responded in May 2019. It said it will not investigate Mrs A’s late complaint because the named person is no longer employed by it, the Strategic Safeguarding Manager confirmed the safeguarding case referred to in the complaint followed standard procedures, an independent review took place at the time and found many causes for concern about care being provided, as did the CQC who took the decision to cancel the registration and Mrs A had legal representation at the time so any issues could have been challenged then.
8. Mrs A’s legal representative says the seriousness of the allegations warrant a proper investigation and has asked the Ombudsman to consider the complaints.
9. Mrs A complains that she was invited to an Independent Review meeting in 2018, but her legal advisor requested further information from the Council to be able to inform her decision whether to attend. However, she says her legal advisor did not receive this information until after the report was completed and therefore she did not have the opportunity to be involved at the draft stage.
10. In this case Mrs A knew about the matters complained of in 2016 and 2017. She says she did not complain sooner because she was fearful the staff member would make their lives more difficult. However, the CQC cancelled their registration in 2017, and they had no cause as a company to be fearful of reprisal from that date. Mrs A had legal representation at the time so they would have known by when they should make a complaint to the Ombudsman
11. In addition, the Ombudsman could not make a causal link between the ill health Mrs A suffers and the alleged behaviour of Council staff. The CQC decided to issue the Notice of Proposal to cancel their provider’s registration and the police were also involved in these matters.
12. Allegations of harassment and intimidation are properly for the courts to consider. Mrs A can pursue a personal injury claim in the courts if she can provide the evidence to substantiate her allegations she has been harassed and intimidated by the Council and it would be reasonable for her to do so.

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Final decision

13. The Ombudsman will not investigate this complaint. This is because it is late and there is no good reason for the Ombudsman to disapply the law in this case.

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Investigator's decision on behalf of the Ombudsman