Summary: We will not investigate this late complaint about the Council’s involvement with Mr X’s mother’s care. Mr X could have complained to us much sooner.

The complaint

1. Mr X complains that the council failed to oversee his mother's care at a care home. He wants the matter to be investigated properly.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to us in 2018 about events from 2016 and 2017. We issued a draft decision, proposing not to investigate the complaint because it was too late. Mr X asked us to place a hold on his complaint, pending a response to his request for information from the Council. He said he would like this before responding to our draft decision statement.
6. Mr X contacted us again in 2023 with his comments. It is now far too late for us to consider comments on a draft decision from 2018. We already considered the complaint late in 2018, and there is not a sufficient explanation for the further five-year delay. We will not now investigate this complaint.

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Final decision

7. We will not investigate Mr X’s late complaint because there is not a good reason for the delay in Mr X bringing his complaint to the Ombudsman.

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Investigator's decision on behalf of the Ombudsman