Staffordshire County Council (23 021 438)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 19 May 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the complainant’s mother’s death. That is because the complaint is late.
The complaint
- Mr X complained about the Care Providers actions in relation to his mother, Mrs Y’s death. He said the Care Provider changed her care plan shortly before she died. He said the Care Provider did not report Mrs Y’s death as suspicious. He wants information from the Care Provider, so he can investigate his concerns.
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 considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X previously complained to us that the Care Provider would not share Mrs Y’s personal information with him. We said we would not investigate this complaint and directed him to the Information Commissioner’s Office. We will not consider Mr X’s requests for information off the Care Provider further.
- We will also not investigate Mr X’s concerns about the Care Provider. Mrs Y died in 2019. If Mr X was concerned about the care she received before she died, or its actions after her death, it was appropriate for him to complain then. Any complaint about this is late and we will not consider it further.
Final decision
- We will not investigate Mr X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman