Summary: We will not investigate this late complaint about the care Mr Y received in a care home. There is not a good reason for the delay in bringing the matter to the Ombudsman.

The complaint

1. Mrs X complained about the care her father (Mr Y) received prior to his death in 2021. She says negligence by the care provider caused him suffering and led to his subsequent death from sepsis. Mrs X says the matter has caused her significant distress. She wants the Care Provider to give her answers and make service improvements.

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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 care provider 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 and the Care Provider.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The law says people must bring complaints to us within 12 months unless there are good reasons not to. Miss X says all her concerns became evident on Mr X’s death in 2021.
6. In the period between these events and Mrs X complaining to us, she contacted the Care Quality Commission and instructed solicitors with the intention of pursuing the legal route. However, the solicitors who were assisting her with the case recently withdrew their support, and so Mrs X complained to the Ombudsman.
7. I have taken into account that Mrs X was grieving during this time, and the inevitable impact this could have on making complaints. However, it is not uncommon for people to complain to us after losing a loved one. Furthermore, as Mrs X was in touch with other organisations, I do not consider her distress prevented her from bringing the matter to us at the time. Mrs X could have brought the matter to the Ombudsman in 2021, but she chose to use the legal route instead. There is not a good reason for the delay in this case.
8. In any event, even if we could exercise discretion and consider the matter now, we could never say the Care Provider caused Mr Y’s death. We therefore would be unlikely to achieve a meaningful outcome for Mrs X.

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Final decision

9. We will not investigate Mrs X’s late complaint because there is not a good reason for the delay in her bringing the matter to the Ombudsman.

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Investigator's decision on behalf of the Ombudsman