Summary: We will not investigate this late complaint from Mr X about Mr Y’s transfer to an unsuitable room within his residential care home. There is not a good reason for the delay in bringing the matter to the Ombudsman. We also could not achieve the outcome Mr X seeks.

The complaint

1. Mr X complained that the room his father, Mr Y, was transferred to in September 2022 was not suitable for his needs. Mr X says it was dark, too small and not adapted for Mr Y’s disability. Mr X said this caused distress and financial hardship to himself, to Mr Y, and to Mr Y’s daughter.
2. Mr X wants staff to be dismissed and barred from future employment in similar positions, and for the Care Provider to be inspected. He wants all fees since September 2022 to be reimbursed to his father’s estate, and for the Care Quality Commission (CQC) to be held accountable.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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)
5. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
6. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as CQC. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The events that caused concern to Mr X started in September 2022, when Mr Y was moved to a different room within his care home. Mr X immediately expressed his concerns about the suitability of the new room and was invited to meet with the manager of the home to discuss them. Mr X escalated his complaint to the Care Provider in November 2022, and received a final response in February 2023. Mr X complained to the Ombudsman in January 2024.
10. The law says people should bring complaints to us within 12 months of becoming aware of the matter. The 12-month timescale in this case would have run until September 2023. The complaint is therefore late and there is not a good reason for us to investigate it given the delay in Mr X complaining to us after he received the final response.
11. In any event, we cannot achieve the outcomes Mr X wants. Mr Y passed away in February 2024 so even if we investigated we could not now provide him with a remedy for any injustice caused to him by the actions of the Care Provider. We would not generally recommend a payment to someone’s estate after they have died, unless there was a clear quantifiable financial impact caused by fault. This does not apply in this case, as Mr Y’s fees would not have been lower had he stayed in his previous room or been moved to a different one. Any injustice to Mr Y in the way of distress could not be remedied now.
12. In addition, Mr X wants the care home staff to face disciplinary action. However, this is not something the Ombudsman can recommend as it is an internal personnel matter for the Care Provider as the employer.
13. Further, Mr X wants the care home to be inspected and the CQC held to account for the findings of their previous inspection. The CQC is the statutory regulator of care services and is not within our jurisdiction to investigate.
14. In his complaint to us, Mr X mentioned a second complaint about an eviction notice served to his father in December 2023. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. This complaint has not completed the Care Provider’s complaints procedure and so we will not investigate it at this time.

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Final decision

15. We will not investigate Mr X’s late complaint because there is not a good reason for the delay in bringing the matter to the Ombudsman. In addition, we cannot achieve the outcomes Mr X wants.

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Investigator's decision on behalf of the Ombudsman