Summary: We will not investigate Ms X’s complaint about events prior to her mother’s death in 2007. This is because there is no realistic prospect of us being able to investigate the matter now. Also, part of the complaint lies outside our jurisdiction because it is late.

The complaint

1. The complainant, whom I shall call Ms X, complains her mother, Mrs Y, was sexually abused by a member of staff at the care home where she lived prior to her death in 2007. She also complains the care home failed to action her request for Mrs Y to be seen by a doctor in March 2007, when she was very unwell.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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 or care provider 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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X says in early 2023 a family member informed her that her mother Mrs Y had been sexually abused by a member of staff at the care home where she lived prior to her death in 2007. Ms X also complained the care home did not action her request to call a doctor for Mrs Y in March 2007 when she appeared to be very unwell.
8. Ms X complained to the care provider as well as reporting the matter to the police and to CQC.
9. The care home told Ms X it could not investigate as it did not retain care or staff records dating back to the time Mrs Y was a resident at the care home. It explained that records are destroyed 8 years after the date of the final entry.
10. The Council also explained it did not hold any documents relating to the care Mrs Y was receiving as its file retention period is 7 years after it stops providing services for a resident. As a result it could not provide any information on the matter. It noted that as the allegation related to a crime the police would be the lead body to consider it.
11. This is not a complaint we will investigate. This is because there is no prospect of us being able to carry out a meaningful investigation or reach a full, fair and reliable view on these events given the significant passage of time and the lack of remaining records. As set out in the Council’s response, the allegation of sexual abuse relates to a criminal act which is a matter for the police to investigate rather than the Ombudsman. We cannot investigate crime nor can we decide whether a crime has been committed. That is a matter for the police to investigate and ultimately the courts to decide.
12. Ms X’s complaint about the care home’s failure to call a doctor for Mrs Y in 2007 lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person first becoming aware of the matter.

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Final decision

13. We will not investigate Ms X’s complaint because, for the reasons set out above, there is no realistic prospect of us being able to investigate the matter.

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Investigator's decision on behalf of the Ombudsman