Summary: Mr X and Mrs Y complain about poor care of their late relative from 2021- 2022 in a Council funded Care Home. We will not investigate. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint has been made late and there are no good reasons to explain the delay.

The complaint

1. In summary, Mr X and Mrs Y complain about aspects of the care provided to their late relative from 2022 – 2023.
2. In particular, Mr X and Mrs Y disagreed with the care home and GP advice in connection with their relative’s food and drink intake, activities and mouth care. They also say there were delays by the Care Home in seeking medical assistance

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The Ombudsman’s role and powers

3. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

My Assessment

7. I will not investigate as this complaint has been made late outside of our usual expectation that complainants raise their concerns within 12 months of becoming aware. Mr X and Mrs Y were aware in 2022 – 2023 of the matters now being raised to us. And while the Parliamentary and Health Service Ombudsman (PHSO) may have had the complaint in 2023 - to consider the complaints about the GP and Clinical Lead - that would not have prevented us from being able to consider it as well. I do not see good reasons why Mr X and Mrs Y did not bring their complaint until October 2024. So we will not investigate.

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Final decision

8. We will not investigate Mr X’s and Mrs Y’s complaint because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint lies outside our jurisdiction as it has been made late and there are no good reasons to explain the delay.

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Investigator's decision on behalf of the Ombudsman