Summary: We will not investigate this complaint about Ms X’s mother’s stay in a care home in 2021. This is because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is late and there is no good reason to investigate.

The complaint

1. In summary, Ms X complains about failings in her mother’s (Mrs Y’s) care that, Ms X says, resulted in Mrs Y being admitted to hospital where she died two days later.
2. Ms X says she is suffering stress and guilt. She would like a refund of all the care fees paid, acknowledgement by senior care home staff about what happened and staff training.

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

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How I considered this complaint

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

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My assessment

6. This complaint has been made late, well outside of our usual 12-month time frame for raising complaints. I do not see good reasons for investigating now due to the time elapsed.
7. I appreciate that Ms X reported the matter to the Police and sought her mother’s GP records but we do not need Police involvement or medical records to investigate. It would only have taken one phone call or visit to our website in 2021/22 to make a complaint.
8. Ms X has been aware since 2021 about matters she is raising with us now. We will not investigate as this complaint is caught by the time bar on the Ombudsman’s powers and there are no good reasons to investigate.

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Final decision

9. I will not investigate Ms X’s complaint because it is late and there is no good reason to exercise discretion to investigate.

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Investigator's decision on behalf of the Ombudsman