Summary: We will not investigate this complaint about non-payment of care fees. The complaint is late and there are no good reasons for us to exercise discretion to consider it now. It would also be reasonable to expect Ms X to take the matter to court.

The complaint

1. Ms X complains on behalf of a care provider. She said the Council did not pay care fees for a service user they provided care for between November 2023 – April 2024.
2. Ms X said the matter has caused a financial impact to the care provider.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Ms X complained the care provider began caring for a service user from November 2023, however due to an administrative error they only received payment from April 2024 onwards.
9. The available evidence suggests there is a dispute between the Council and an NHS body about who is liable for the costs.
10. It also suggests Ms X was in communication with the Council about this issue in September 2024. At this point, both the Council and the NHS had denied liability for the costs.
11. As outlined in paragraph five, we cannot investigate late complaints, where a person has known about an issue for more than 12 months. Ms X complained to the Ombudsman in July 2026, and I have seen no good reasons why she could not have complained to us sooner.
12. In any case, it would be reasonable to expect Ms X to take legal action and take the matter to court if necessary. It would not be for the Ombudsman to determine who is liable for this debt. Only a court could decide this dispute.
13. For these reasons, we will not investigate this complaint.

Back to top

Final decision

14. We will not investigate Miss X’s complaint because it is late and it would be reasonable for her to pursue the matter in court.

Back to top

Investigator's decision on behalf of the Ombudsman