Summary: We will not investigate this late complaint about care provided in a residential home. There is not a good reason for the delay in complaining and we could not carry out a meaningful investigation given the time that has passed since events.

The complaint

1. Mrs X complained about her father’s care, which she believed was responsible for his death in 2019. She also complained about how the matter was investigated. She said the matter caused her significant distress and she has not been able to properly grieve. She wanted answers and service improvements.

Back to top

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 council/ or care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mrs X’s father, who lived in a residential home, passed away in 2019. Mrs X communicated with the Care Provider about the matter and says she felt it was not truthful about what had happened in the lead up to her father’s death. She says the Care Provider did not resolve the matter.
6. Mrs X says she did not find out until 2024 that she could escalate the matter to the Council and the Ombudsman. The Council explained it could not investigate a complaint about matters that occurred five years ago.
7. We also cannot generally consider late complaints. The law says people must bring complaints to us within 12 months of becoming aware of the matter, unless there are good reasons not to. While Mrs X may not have been told about us by the Care Provider, information about the Ombudsman is available online via a simple search. Other organisations that are widely known, such as the Care Quality Commission, also routinely signpost people to us when they bring complaints about care. There is not a good reason now to investigate events from five years ago, and we could not carry out a fair or meaningful investigation now in any event.

Back to top

Final decision

8. We will not investigate Mrs X’s late complaint because there is not a good reason for the delay in complaining, and we could not now carry out a meaningful investigation.

Back to top

Investigator's decision on behalf of the Ombudsman