Summary: We will not investigate this complaint about the care Mr X’s mother in law received at her care home before she passed away in September 2023. This is because the complaint is late and there are no good reasons to consider it now.

The complaint

1. Mr X complained his mother in law did not receive the care she needed at her care home before she passed away.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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.

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My assessment

7. Mr X complained his mother in law was not cared for appropriately when she fell ill in a residential care home in September 2023.
8. After Mr X’s mother in law passed away, the Care Quality Commission investigated his complaints and made recommendations as a result.
9. Mr X would like this office to investigate whether the recommendations have been actioned adequately. This is not the function of this office.
10. The issues raised occurred more than 12 months before Mr X brought the complaint to this office, so the complaint is late.
11. The issues have already been investigated by the Care Quality Commission, and it is unlikely we would achieve any worthwhile outcome by investigating.

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Final decision

We will not investigate Mr X’s complaint because it is late and there is no good reason to apply discretion to look at it now.

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Investigator's decision on behalf of the Ombudsman