Summary: The Ombudsman will not investigate Mr A’s late complaint about the Council’s actions in 2015. This is because Mr A could have come to the Ombudsman in 2015 if he was unhappy with the way he was treated by the Council or 2016 if he was concerned about his bin collection. It is unlikely any further investigation could add to the Council’s response. There is no good reason for the Ombudsman to disapply the law in this case.

The complaint

1. Mr A says his mother, Mrs C was taken from her home by the Council in 2015, he did not know where she was and was not informed when she died in 2017. Mr A says he is offended by the Council’s comments and inference about his and his wife’s integrity, honesty and culture. In addition, Mr A says he did not have any bin collections in 2016 and it cost him £50 in telephone calls to the Council.

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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 the information and documentation Mr A provided, I sent Mr A a copy of my draft decision and considered his comments on it.

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What I found

4. Mr A complained to the Ombudsman in January 2019 about the actions of the Council regarding removing his mother, Mrs C, from her home in 2015 and the way it treated him and his wife. The Council agreed to investigate Mr A’s complaints and responded to him in May 2019. Mr A is unhappy with the Council’s response and has asked the Ombudsman to investigate further.
5. The Council explained the reasons why it moved Mrs C to a care home and why it had asked the police to carry out a safe and well check. It was also satisfied Mr A knew where Mrs C was living at the time and as this was discussed in meetings and Mr A had referred to it in a letter in 2016 regarding charging for Mrs C’s care.
6. Mr A complained that he did not have any bin collections in 2016.
7. The Council response to Mr A says bin collections were not stopped. It says its records show there were five occurrences in 2016 when Mr A did not present any recycling /bin containers for collection but could not find any record of missed collections being reported.
8. The law says complaints to the Ombudsman must be made-

• in writing, and
• before the end of the permitted period.

(2) In subsection (1)(b), “the permitted period” means the period of 12 months beginning

With-

• the day on which the person affected first had notice of the matter, or
• if the person affected has died without having notice of the matter—
• the day on which the personal representatives of the person affected first had notice of the matter, or
• if earlier, the day on which the complainant first had notice of the matter.

(3) A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint.

9. The Ombudsman will not investigate Mr A’s late complaint now. Mr A could have come to the Ombudsman in 2016 if he was concerned about missed bin collections. There is no good reason for the ombudsman to disapply the law.
10. Mr A is unhappy with the way the Council made him feel and says that it treated him and his wife as lacking integrity and honesty. The Council has explained why it took the action it did regarding Mrs C’s care and the Ombudsman could not add to this even if he investigated now. The Ombudsman investigates administrative fault and could not make a finding on the perceptions about the way the Council made Mr and Mrs A feel. If Mr A was concerned about Mrs C’s move and did not know where she was living, he could have come to the Ombudsman sooner.
11. The Council apologised that it did not contact Mr A when Mrs C died. It explained the home tried to contact Mr A but visits were unsuccessful. The Council instructed a company to find Mrs C’s next of kin regarding her estate. It says following Mr A’s experience it will amend its policy to include written and telephone contact with family/next of kin in cases where engagement has not been forthcoming before it takes steps to instruct third parties. The Ombudsman could not achieve any more than this even if he investigated.

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Final decision

12. The Ombudsman will not investigate this late complaint. This is because Mr A could have come to the Ombudsman in 2015 if he was unhappy with the way he was treated by the Council or 2016 if he was concerned about his bin collection. It is unlikely any further investigation could add to the Council’s response. There is no good reason for the Ombudsman to disapply the law in this case.

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Investigator's decision on behalf of the Ombudsman