Summary: We will not investigate Mrs X’s complaint about the Care Provider’s alleged failure to meet Mrs Y’s needs. This is because it concerns events that took place over 12 months ago and there is no good reason to exercise discretion to investigate them now. Further, we cannot investigate Mrs X’s complaint about the Care Provider’s decision to pursue Mrs Y for outstanding care charges. This is because it relates to matters that took place in court and is therefore outside of our jurisdiction.

The complaint

1. Mrs X complained on her mother Mrs Y’s behalf that the Care Provider failed to provide the agreed standard of care when Mrs Y was admitted to its residential care home for a period of respite between May 2022 and June 2022.
2. She also complained the Care Provider took legal action to pursue Mrs Y for care charges she disputed.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by Mrs X and the Care Provider.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X’s mother Mrs Y was admitted to the Care Provider’s residential home in May 22 for a short period of respite. Mrs X says the Care Provider led her to believe it would support Mrs Y with her incontinence and mobility. She said she was also told GP review would take place to ensure Mrs Y was on the right medication. In response to our enquiries the Care Provider has provided a care and support plan for Mrs Y which does not show mobility or incontinence care included with her package.
8. After Mrs Y left the care provider’s home in June 22, Mrs X made a complaint in July 22 regarding the service Mrs Y had received. The care provider responded in November 2022 and explained that it was a residential care home rather than a nursing home and many of the services Mrs Y had expected were not services it could offer.
9. The care provider went on to legally pursue Mrs Y for the outstanding care charges after Mrs X disputed that she should pay them due to her unhappiness with Mrs Y’s treatment.
10. Mrs X remains unhappy with the situation and wants us to find the Care Provider at fault. The courts have issued Mrs Y with a county court judgment for care charges which Mrs X says she has already paid. As this concerns legal proceedings, the Ombudsman does not have jurisdiction to investigate this part of the complaint. It is therefore open to Mrs X to seek legal advice or appeal against the judgment.
11. With relation to the level of care Mrs Y received, the period Mrs X is complaining about took place more than 12 months ago and we do not usually exercise discretion to investigate matters that took place this long ago unless there are good reasons to do so. Having reviewed the details of Mrs Y’s care package, it is unlikely an investigation would amount to anything worthwhile for Mrs X as it clearly states the level of care Mrs Y was entitled to and there is no evidence to show she did not receive this.

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Final decision

12. We will not investigate Mrs X’s complaint because it concerns events that took place over 12 months ago and there is no good reason to exercise discretion to investigate them now. Further, we cannot investigate the Care Provider’s decision to pursue Mrs Y for outstanding care charges. This is because it relates to matters that took place in court and is therefore outside of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman