Kent County Council (24 018 700)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 20 May 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s involvement in Mr X’s case. There is insufficient evidence of fault by the Council as it has not had involvement with Mr X since 2019. Events from the period when it was involved are too late for us to investigate.
The complaint
- Mr X complained the Council:
- mentally abused and harassed him;
- did not let him work or leave the house;
- monitored his family’s telephones and devices and told people to relay information about him; and
- included inaccurate information about his mental health diagnosis in its records.
- Mr X said the matter has caused him significant distress, isolation and deterioration in his physical health. He wanted the Council to close his case and leave him alone.
The Ombudsman’s role and powers
- 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)
- 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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The law says people must bring complaints to us within 12 months of events unless there are good reasons. Any events from the period during which the Council was actively involved in Mr X’s case are late. There is not a good reason for the delay in Mr X raising any complaints about events from 2019 and earlier.
- Mr X has not provided any substantive evidence the Council has had involvement in his case more recently. The Council’s case notes show the only involvement it has had between 2020 and 2025 has been in response to Mr X’s contact.
- There is insufficient evidence of fault in the Council’s actions to warrant investigation by the Ombudsman.
Final decision
- We will not investigate Mr X’s complaint because events from 2019 and earlier are now late, and there is insufficient evidence of fault by the Council more recently.
Investigator's decision on behalf of the Ombudsman