Summary: We will not investigate this complaint about the Care Provider’s alleged failure to provide appropriate care for Mr X’s ex-partner Ms Y. This is because the complaint concerns events that took place more than 12 months ago and there is no good reason to exercise discretion to investigate them now.

The complaint

1. Mr X complains the care provider failed in its duty of care towards his ex-partner Ms Y and this ultimately led to her to take her own life.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• any fault has not caused injustice to the person who complained.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mr X has complained to the care provider that a series of negligent behaviour on its part led his ex-partner Ms Y to take her life in 2020. Mr X says he wants the care provider to apologise and be held to account for its actions in court.
8. The care provider has confirmed that Mr X was not Ms Y’s next of kin and is therefore unable to disclose any confidential information regarding her.
9. Mr X has referred the complaint to the Ombudsman. The evidence shows this matter has been ongoing for a number of years and relates to issues that occurred well over 12 months ago. The Ombudsman will not usually exercise discretion to investigate matters that took place this long ago unless there are good reasons. In this case I can see the length of time that has passed means an investigation would be unlikely to provide a worthwhile outcome. It is also unclear what Mr X’s personal injustice is given he is not Ms Y’s next of kin. Further, we would be unable to provide Mr X with the outcome he seeks.

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Final decision

10. We will not investigate Mr X’s complaint because the complaint concerns events that took place more than 12 months ago and there is no good reason to exercise discretion to investigate them now.

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Investigator's decision on behalf of the Ombudsman