Summary: The Ombudsman will not investigate Mrs B’s late complaint about the actions of the Council regarding her grandmother, Mrs D. This is because Mrs B could have come to the Ombudsman sooner. There is not enough evidence of fault with the Council’s actions warranting the Ombudsman to disapply the law and investigate this late complaint.

The complaint

1. Mrs B says the Council did not contact her or ask her permission to discuss her late grandmother’s, Mrs D’s finances or estate with her brother when she died in 2015. Mrs B says she was listed as first contact and the Council failed to contact her. Mrs B is concerned about missing money from Mrs D’s account and is concerned the Council gave her brother money from Mrs D’s bank account.

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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)

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How I considered this complaint

3. I discussed the concerns with Mrs B and considered the information she provided. I sent Mrs B a copy of my draft decision for comment.

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What I found

4. Mrs B says the Council should have asked her permission to speak to her brother and should have contacted her when Mrs D died in 2015 as she was registered as first contact.
5. The Ombudsman will not investigate this late complaint. Mrs B could have come to the Ombudsman in 2015 if she was concerned the Council had not contacted her and in any event she has not been caused a significant injustice from the alleged fault warranting the Ombudsman to disapply the law.
6. Mrs B says Mrs D had over £2000 in her account prior to her death but this money was missing. Mrs B says the Council gave this money to her brother. The Council confirmed it had not given any monies to Mrs B’s brother and had only paid funeral costs from Mrs D’s account. It also confirmed it had written off an outstanding debt of Mrs D’s care charges because there was not enough money in her account to pay them.
7. The Council has confirmed it did not give any monies to Mrs B’s brother. If Mrs B is concerned about money missing from Mrs D’s she can contact the police.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because Mrs B could have come to the Ombudsman sooner. There is not enough evidence of fault with the Council’s actions warranting the Ombudsman to disapply the law and investigate this late complaint.

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Investigator's decision on behalf of the Ombudsman