Summary: We will not investigate Mr X’s complaint about the Care Provider not being able to provide him with a narrative for his late sister’s holidays. This is because the complaint is late and there are no good reasons why Mr X did not complain sooner. Furthermore, we would not be able to add to the Care Provider’s investigation.

The complaint

1. Mr X complained the Care Provider failed to provide further information in relation to holiday photographs it had taken of his late sister, Ms Y, when it took her on holidays as part of its care and support to her. It caused Mr X distress. Mr X wants the Care Provider to provide him with the information he is requesting.

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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 care provider 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 could not add to any previous investigation by the organisation. (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 Mr X and the Care Provider.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. When Mr X’s sister died, the Care Provider gave Mr X photographs it had taken of her when it took her on multiple holidays with other people who use the service.
7. Mr X complained to the Care Provider in early 2023. He said he wanted the Care Provider to give him supporting information in relation to the photographs such as when and where they were taken and who the other individuals were, such as staff and other people who used the service who had appeared in the photographs.
8. The Care Provider responded to Mr X’s complaint in 2023 and explained to him it had exhausted all options to obtain the information he wanted and explained to him how it had done so, however, it was difficult to locate the information. Its reasons included some staff no longer worked for the Care Provider as a lot of time had passed since the photographs had been taken and all documents prior to 2017 had been destroyed in line with its retention policy.
9. We will not investigate Mr X’s complaint. This is because the complaint is late. 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.
10. In any case, we would not be able to add to the Care Provider’s investigation. The Care Provider appropriately responded to Mr X’s complaint and explained how it made efforts to look for the information he wanted and explained its reasons why it was unable to do so.

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Final decision

11. We will not investigate Mr X’s complaint because it is late and there are no good reasons why he did not complain sooner. Furthermore, we would not be able to add to the Care Provider’s investigation.

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Investigator's decision on behalf of the Ombudsman