Summary: We will not investigate this complaint about the Council’s investigation into Ms X’s mother’s care. This is because the events complained of happened in 2016 and 2017 and so this is a late complaint and we cannot investigate.

The complaint

1. Ms X complains the Council failed to properly investigate complaints she made about her mother’s care and abuse she suffered whilst in a care home. Ms X says the Council’s failings meant her mother was caused significant distress before her death and other residents of the care home continue to be at risk of abuse.

Back to top

The Ombudsman’s role and powers

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 or care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Ms X’s mother died in October 2017. Ms X raised concerns about her mother’s care at the time with the Council. She did not raise further complaints until 2020. Ms X says she was distressed when her mother died and she had a period when she was receiving counselling for this.
6. Ms X did not complain to the Ombudsman until June 2021 about events which occurred in 2016 and 2017. Ms X’s complaint to the Council in 2020 was also about these matters. Therefore, this is a late complaint and we should not investigate. We have discretion to set aside this restriction where we decide there are good reasons. In this case I have decided not to exercise discretion because even taking account of Ms X’s distress it is reasonable to expect Ms X to have complained to us about this sooner.

Back to top

Final decision

7. We will not investigate Ms X’s complaint because it is a late complaint.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman