Summary: We will not investigate Mr X’s complaint about a staff member in a Care Home abusing his wife while they were visiting a relative. This is because the complaint is late and we would not be able to achieve the outcome requested.

The complaint

1. Mr X complains about verbal abuse by a member of the Care Home’s staff, towards his wife, when they were visiting a relative.
2. Mr X says his wife suffered emotional distress, due to the abuse, requiring private counselling. He is seeking compensation for the cost of the counselling.

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The Ombudsman’s role and powers

3. 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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• there is another body better placed to consider this complaint.
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X which includes the Care Home’s response.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Care Home has responded to Mr X. It has acknowledged the incident, reviewed CCTV footage, confirmed the staff member’s behaviour was unacceptable, and taken formal disciplinary action. The staff member has also provided a written apology.
8. Mr X complains the Care Home’s response does not consider the emotional harm caused to his wife. He would like to be reimbursed for the cost of counselling that he arranged for his wife.
9. We will not investigate. This is because the complaint is late, so paragraph three of this decision statement applies. Mr X complained to the Care Home in September 2024, and the Care Home responded a month later. Mr X did not complain to us until December 2025.
10. We expect people to complain to us after complaining to an organisation within 12 months of them becoming aware of the matter complained of. Any complaint made after 12 months is late. 
11. Mr X says he has been ill. However, I still do not see good reason to exercise discretion to investigate. This is because further investigation would not achieve the outcome requested. Only a court has the expertise to determine a psychological injury claim, not the Ombudsman. Therefore, I see no good reasons for the Ombudsman to investigate.

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Final decision

12. We will not investigate Mr X’s complaint because it is late and there are no good reasons for us to investigate. We would not be able to achieve the outcome requested.

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Investigator's decision on behalf of the Ombudsman