Summary: The Ombudsman will not investigate Mr X’s complaint about a conversation with a social worker, in 2015, regarding his father who was in hospital. The complaint is outside the Ombudsman’s jurisdiction because Mr X complains late on the 12 month rule.

The complaint

1. Mr X complains that the Council’s social worker refused in 2015 to confirm the medical condition of his father who was in hospital. He says his father moved wards the day before he died. Mr X says there was a breach of the duty of care and he has suffered breakdowns during the last 5 years.

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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 have considered Mr X’s information and comments.

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What I found

5. I understand Mr X’s father was in hospital for some months at the end of his life. Mr X says a social worker had spoken to consultants but refused to confirm to him his father’s medical condition.

Analysis

6. I will not investigate this complaint for the following reasons:
1. The complaint is outside the Ombudsman’s jurisdiction because Mr X complains late on the 12 month rule (see paragraph 2 above). I do not propose exercising discretion to investigate because Mr X could have complained sooner.
2. Complaints about medical decisions, such as a patient changing wards, are outside the jurisdiction of this office. The Health Service Ombudsman deals with such complaints.
3. A complaint of negligence is outside the Ombudsman’s jurisdiction because there is a court remedy (paragraph 3). I consider it reasonable for Mr X to use his legal remedy if he wants to claim that the Council has harmed his health. A court has the power to award compensation for damage to health where there is a breach of duty.

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Final decision

7. The Ombudsman will not investigate Mr X’s complaint about a conversation with a social worker, in 2015, regarding his father who was in hospital. The complaint is outside the Ombudsman’s jurisdiction because Mr X complains late on the 12 month rule.

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Investigator's decision on behalf of the Ombudsman