Summary: We will not investigate this complaint about residential care and care charges because it is late without good reason to investigate the complaint now.

The complaint

1. Mr Y complained about the Council’s standard of care for his mother, Mrs X, while she was in a residential care home prior to her death. He also complained that he is being asked to pay approximately £7,000 for costs for the care which he believes contributed to his mother’s death in 2021.
2. Mr Y says the problems have caused him significant upset. He feels he should not have to pay the fees for such poor care.

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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)

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How I considered this complaint

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y says that the care his mother received prior to 2021 was satisfactory. However, in April 2021 his mother was admitted to hospital and multiple bruises were found on her body. Mr Y says Mrs X also told visitors that she had been hit and verbally abused by a carer. He also says he noticed a lack of staff at the care home during this time. Mr Y says his mother was then admitted to hospital again in November 2021 and it was then that she died.
6. The Council then sent an invoice for the fees up until his mother had left the care home. The costs amounted to £7,331.58. Mr Y says he did not pay the invoice because he felt the care had been so poor that the payment ought not to be due.
7. Mr Y made a complaint to the Council and to us about the care and the fees in February 2023 after he was chased for payment. The Council responded in May 2023, saying that the payment was due and denying fault.

Analysis

8. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
9. Mr Y’s was aware of his reason to complain about the care before his mother died in November 2021, more than 12 months ago. He was also aware about the charges that he does not feel should be due, which were invoiced to the estate in January 2022, again more than 12 months ago before Mr Y came to us in February 2023. Consequently, the complaint is now late.
10. We have discretion to disapply the rule outlined in paragraph three where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring the complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner. Consequently we will not investigate this complaint.

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Final decision

11. We will not investigate Mr Y’s complaint because it is late without good reason to investigate the complaint now.

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Investigator's decision on behalf of the Ombudsman