Summary: We will not investigate Mrs X’s complaint about a fall her husband, Mr X suffered in 2019. We should not consider matters relating to events that took place more than 12 months ago. It was reasonable for Mrs X to bring the complaint to us sooner.

The complaint

1. Mrs X complained the Council did not investigate events surrounding her husband’s fall in a care home in 2019. Mrs X said her husband passed away 6 weeks after the fall causing her significant upset and distress.

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

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How I considered this complaint

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

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Final decision

5. We will not investigate Mrs X’s complaint because it relates to events which happened two years ago. The law says we should not investigate late complaints. It was reasonable for Mrs X to bring the complaint to us sooner.

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Investigator's decision on behalf of the Ombudsman