Summary: We will not investigate Miss X’s complaint about the standard of care staff delivered to her mother, Mrs Y, at the Council’s Care Home. This is because the complaint is late and there are no good reasons why Miss X did not complain to us sooner.

The complaint

1. Miss X complained about the care her mother, Mrs Y, received at the Council’s Care Home. She also complained the Care Home unreasonably banned her from visiting her mother. She said the poor care affected her mother’s health and it caused Miss X distress. She wants the Care Provider to apologise to her and her mother and provide them with a financial remedy for the injustice caused.

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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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mrs Y resided at the Care Home between June and July 2023.
7. Miss X was unhappy with the care that staff had provided to her mother. She said:
• she had concerns about the lack of infection control in relation to her mother’s personal care;
• staff did not correctly administer medication; and
• there was insufficient support detailed in her mother’s care plan in relation to managing pressure sores.
8. Miss X also said the Care Home unreasonably banned her from visiting her mother following concerns she had raised about her mother’s care.
9. We will not investigate Miss X’s complaint. This is because the complaint is late and there are no good reasons why Miss X did not complain to us sooner. As we are not investigating Miss X’s complaint, we cannot achieve the outcome Miss X wants.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman