Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s actions in 2013 in relation to safeguarding her aunt, Mrs Y. The complaint lies outside the Ombudsman’s jurisdiction because it is late. I see no good reason to exercise discretion to consider this very late complaint now.

The complaint

1. The complainant, whom I shall call Mrs X, complains about the Council’s actions, in 2013. Mrs X complains the Council said she should not remove her aunt, Mrs Y from her care home and, if she did, the police may be called, and a safeguarding alert raised.

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)
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

Back to top

How I considered this complaint

5. I considered the information and documents Mrs X provided. I sent Mrs X a draft of my decision and considered her comments and the documents she provided in response.

Back to top

What I found

6. Mrs X complains that in 2013, the Council said a safeguarding alert could be raised and if necessary the police called if Mrs X took her aunt, Mrs Y, out of her care home. This was set out in an email between the social worker and the care home following concerns that Mrs X intended to remove Mrs Y from the home.
7. Mrs X says this damaged her good character; undermined her ability to care for Mrs Y and caused her distress.
8. Mrs X complained to the Council about this in early 2013 but did not receive a response. She then complained via her MP. The Council responded to Mrs X’s MP in mid-2013 and the MP forwarded the response letter to Mrs X.
9. Mrs X complained again to the Council in late 2019. The Council wrote to Mrs X in early 2020, declining to investigate because the complaint was late.
10. Mrs X says the Council failed to tell her the time limit for complaining in its 2013 response. The response did, however, invite further contact if there were any further questions.

Back to top

Final decision

11. We will not investigate this complaint. The complaint lies outside our jurisdiction because it is late. The law says complaints should be made to us within 12 months of a person first becoming aware of the matter. Mrs X has clearly been aware of this matter for several years now and I see no good reason to exercise discretion to consider this very late complaint now.
12. As Mrs X was clearly dissatisfied with the Council’s 2013 response, it was reasonable to expect her to have escalated the matter further with the Council and the Ombudsman much sooner, if she felt the Council would not consider it, regardless of whether she knew about the 12-month limit.

Back to top

Investigator's decision on behalf of the Ombudsman