Summary: We will not investigate this late complaint about the Council-commissioned domiciliary care provided to Ms Y in October 2023. There is not a good reason for the delay in the matter being brought to us.

The complaint

1. Mrs X complained about the care provided to her mother (Ms Y) by the Council-commissioned Care Provider. Mrs X said carers did not provide the appropriate care, and on one occasion a carer left Ms Y sitting on a commode where she subsequently stayed until the next care call. Mrs X said the carer failed to accurately report the matter.
2. Mrs X said Ms Y was left soiled for several hours and was traumatised by the incident. Ms Y was subsequently admitted to hospital and deteriorated. Mrs X said the matter led to a decision to move Ms Y into care, which was not their preference.
3. Mrs X said the complaints process did not provide answers and while the Care Provider made some service improvements, it should also provide a financial remedy for Ms Y.

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The Ombudsman’s role and powers

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

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My assessment

7. The incident Mrs X complains about occurred in October 2023. The Council considered the matter between October 2023 and February 2024, ultimately closing its enquiry as Ms Y had moved into a residential home and was therefore safeguarded.
8. The Care Provider issued Mrs X a complaint response in January 2024 and met with her in the following months to discuss the matter. It told her in June 2024 the complaints process had ended. It attached a copy of its complaints policy and service user guide, both of which explained the Ombudsman was a further route of recourse where disagreements could not be resolved.
9. It was open to Mrs X to contact us in June 2024. She contacted us to escalate her complaint in January 2025.
10. The law says people must bring concerns to us within 12 months of finding out about the matter, unless there is a good reason they cannot do so. There is no evident good reason Mrs X did not complain to us seven months earlier, which would have still been within 12 months of the event she complains about, of which she was aware at the time. We will not now investigate this late complaint.

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Final decision

11. We will not investigate Mrs X’s late complaint because there is not a good reason for the delay in her bringing the matter to us.

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Investigator's decision on behalf of the Ombudsman