North Yorkshire County Council (22 013 390)

Category : Adult care services > Other

Decision : Closed after initial enquiries

Decision date : 22 May 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about carers at Mrs X’s independent living accommodation accusing her of being trouble and telling her to return to her room and not come out. This is because the complaint is late and there are no good reasons for why Mrs X did not complain about the matter earlier.

The complaint

  1. Mrs X complains carers at her previous independent living accommodation accused her of being trouble and told her to return to her room and not come out again. She also complains the manager refused to return documents to her on the day she left the address.

Back to top

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)

Back to top

How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

  1. The incidents Mrs X complains about happened in 2019 and 2020.
  2. We cannot investigate complaints about matters than occurred more than 12 months ago, unless there are good reasons for why Mrs X did not complain earlier.
  3. Case notes showed Mrs X was aware of her concerns at the time and that she had raised her concerns with the Council. Therefore, it is reasonable to expect Mrs X to have made a complaint at the time.

Back to top

Final decision

  1. We will not investigate Mrs X’s complaint because the complaint is late and there are no good reasons for why Mrs X did not complain about the matter earlier.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings