Summary: We will not investigate Mr X’s complaint about the care provision in 2021 to his late father Mr Y. The complaint is late and there is no good reason for us to investigate now. If the complaint had been made in time, investigation would not result in a different outcome or achieve the outcomes Mr X seeks.

The complaint

1. Mr Y was Mr X’s father. Mr Y was in a care home in May to June 2021 run by the care provider. Mr X complains the care provider:
1. failed to notice Mr Y had become dehydrated;
2. delayed in getting medical care to Mr Y for his dehydration.
2. Mr Y died in hospital in July 2021. Mr X says he has been unable to get closure on his father’s death nor able to lay his ashes to rest, and the situation has damaged family relationships. Mr X wants a written apology to him and his family from the care provider and for it to reimburse Mr Y’s wife for the cost of the stay at the home.

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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 care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely further investigation will lead to a different outcome; or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

5. I considered information from Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. We expect people to bring complaints to us within 12 months of them becoming aware of the events complained of. Any complaint brought after 12 months is a late complaint. Mr Y stayed at the home in May to June 2021 and died in July 2021. Mr X first complained to the care firm in September 2021. He made his complaint to us in March 2023, so the complaint is late. We have discretion to investigate late complaints if we consider there is good reason to do so. But I do not consider there is good reason to investigate. It would have been reasonable for Mr X to bring the complaint to us sooner.
7. Even if the complaint had been made in time, there are other reasons why we would not have investigated. The core injustice from the care provision complained about would be to Mr Y. We cannot now remedy that injustice for Mr Y as he has died. I recognise Mr X has set out injustices to him and other family members. Mr X has unanswered questions he put to the care firm about the circumstances of Mr Y’s care just prior to his death in 2021. We would not investigate to answer outstanding questions relating to the care of a person whose injustice we cannot remedy. Our investigations also cannot result in a finding on the causes of someone’s death. Only a coroner can make such findings, including whether the acts or omissions of a third party contributed to someone’s death. An investigation will not achieve the closure, resolutions, or other outcomes Mr X seeks.

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Final decision

8. We will not investigate Mr X’s complaint because:
• the complaint is late and there are no good reasons for us to investigate it now; and
• had the complaint been made in time, investigation would not result in a different outcome or achieve the outcomes he seeks.

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Investigator's decision on behalf of the Ombudsman