Summary: We will not investigate this complaint about the Council’s safeguarding enquiry into the care Miss Q’s mother received in her care home. This is because the complaint is late.

The complaint

1. The complainant, who I have called Miss Q, complained about Portsmouth City Council’s safeguarding enquiry into the care her mother received in her care home. Miss Q believes the care home’s actions caused her mother’s death.

Back to top

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

Back to top

How I considered this complaint

4. I considered the information Miss Q provided. I considered the information the Council provided. I considered the responses I received to a draft of this decision.

Back to top

What I found

What happened

5. Miss Q’s mother lived in a care home. Miss Q said the care home neglected her mother, stopped her diabetes medication and gave her 28 days’ notice to move out. Miss Q believes the care home’s actions caused her mother’s death in January 2016.
6. Miss Q raised her concerns about her mother’s care with the Council. It started a safeguarding enquiry into the care home and completed it in February 2016.
7. Miss Q was not happy with the Council’s safeguarding enquiry. She complained to the Council. It responded to Miss Q’s complaint. In 2016 and again in 2017 it told her she could bring her complaint to us.
8. Miss Q complained to us in August 2019. She said she couldn’t bring her complaint to us sooner because she was seeking legal advice. She also said she was pursuing various lengthy complaints procedures. And, in addition, Miss Q had health problems which prevented her from complaining sooner.

Assessment

9. We will not investigate this complaint.
10. Sadly, Miss Q’s mother died in January 2016. The Council completed its safeguarding enquiry in February 2016.
11. Miss Q said she was getting legal advice. But I do not see why it would take over three years to do so. Miss Q also said she was pursuing various lengthy complaints procedures. However, it was open to her to bring her complaint about the Council to us in 2016 when it first advised her to do so. Had she done so, she could have made her complaint to us in time and before she became unwell. Instead, Miss Q continued to complain to the Council in 2016 and 2017. And she did not bring her complaint to us until August 2019. So the complaint is late and there are no good reasons for us to investigate now.

Back to top

Final decision

12. We will not investigate this complaint. This is because it is late.

Back to top

Investigator's decision on behalf of the Ombudsman