Devon County Council (20 002 844)

Category : Adult care services > Other

Decision : Closed after initial enquiries

Decision date : 01 Sep 2020

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate this complaint that a social worker or doctor was linked to a road traffic accident the complainant had in 1999. This is because it is a late complaint.

The complaint

  1. The complainant, whom I refer to as Mr X, says a social worker, or a doctor, caused a road traffic accident he had in 1999.

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The Ombudsman’s role and powers

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

  1. I read the complaint and considered comments Mr X made in reply to a draft of this decision.

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What I found

What happened

  1. Mr X had a road traffic accident in 1999. He says he nearly died during the crash.
  2. He believes a social worker, or a doctor, had something to do with the accident and may have caused it. He says he took legal action but did not get justice.

Assessment

  1. The law says people should complain to the Ombudsman within 12 months of becoming aware of something that affects them. Mr X had his accident in 1999 and complained to the Ombudsman in August 2020. This is more than 20 years after the accident happened and is a late complaint. I appreciate Mr X faces many health issues but, as he took legal action, I have not seen any good reason to investigate a complaint about an accident from so long ago.

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Final decision

  1. I will not start an investigation because this is a late complaint.

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Investigator's decision on behalf of the Ombudsman

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