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
- 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.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I read the complaint and considered comments Mr X made in reply to a draft of this decision.
What I found
What happened
- Mr X had a road traffic accident in 1999. He says he nearly died during the crash.
- 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
- 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.
Final decision
Investigator's decision on behalf of the Ombudsman