Summary: We will not investigate Mr X’s complaint about a Council commissioned care provider. This is because the complaint is late and there are no good reasons why he did not complain to us sooner.

The complaint

1. Mr X complained about the Council’s commissioned care and that it made false allegations about him which were upsetting.

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate Mr X’s complaint. This is because the complaint is late and so paragraph two of this decision statement applies. Mr X complained to the Council commissioned Care Provider in 2023. The Care Provider responded to Mr X’s complaint in 2023 and explained it did not intend to cause any upset to him and apologised it had done so. We expect people to complain to us after complaining to an organisation within 12 months of them becoming aware of the matter complained of. Any complaint made after 12 months is late. There are no good reasons why Mr X did not complain to us sooner.

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Final decision

6. We will not investigate Mr X’s complaint because it is late and there are no good reasons why he did not complain to us sooner.

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Investigator's decision on behalf of the Ombudsman