Summary: Mr X complains about the Council’s failure to arrange physiotherapy for his late mother when the Council arranged her placement into a care home. We will not investigate as this complaint was received outside our usual 12-month time period for investigating. And I have seen no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. In short, Mr X complains the Council was at fault in not arranging physiotherapy for his mother when it arranged her stay in a residential care home.
2. Mr X says the failure to provide physiotherapy caused his mother to decline physically leading to her death.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant which includes his contact with the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complains about what happened when his mother was admitted to a care home after being discharged from hospital in 2020.
8. He says physiotherapy should have been available from the time his mother was put in the care home. And this failing directly led to his mother’s physical decline and death in early 2021.

9. I will not investigate as Mr X has made his complaint late. I do not see good reason to exercise discretion to investigate as I have seen nothing to suggest that Mr X could not have complained to us sooner than he has.
10. Further, even if he had complained in time, it is unlikely we would achieve anything more given the hospital discharge record does not mention physiotherapy as a condition of the care home placement.

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Final decision

11. I will not exercise discretion to investigate this late complaint. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman