Summary: Miss X complained about the outcome of the Council’s safeguarding investigation into her mother’s fall. The Ombudsman will not consider this complaint further as it is late and there are no good reasons to exercise discretion to investigate it.

The complaint

1. Miss X complained the Council reached a flawed conclusion in its safeguarding investigation into her late mother’s fall. She also complained the Council did not fully answer her questions about the investigation. Miss X says the outcome of the investigation has caused her extreme distress. Miss X also says she had to care for her mother after the fall as she did not feel able to trust the carers.

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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 have considered all the information Miss X provided. I have also considered the Council’s response. I have written to Miss X and given her the opportunity to comment.

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What I found

4. Miss X made a safeguarding alert to the Council in February 2018 after her mother fell from a hoist at her home. In September 2018 Miss X attended the Council’s safeguarding case conference where it shared the outcome of its investigation.
5. The Council investigation found it was likely someone with access to Miss X’s home severed the hoist. It also found the carers should have identified the damage and their failure to do so put Miss X’s mother at risk. Miss X disputes the outcome as she believes the carers were using a different hoist which was outdated and worn.
6. In October 2018 Miss X made a claim to the Council’s insurers, which the Council refused. In November 2018 Miss X complained to the Council. The Council responded in January 2019 and did not uphold her complaint. Miss X continued to engage with the Council, including visiting the Council offices, contacting her MP and directing her solicitor to arrange for the hoist to be returned.
7. The law says complaints to the Ombudsman should normally be made within 12 months. The 12-month period begins on the day the person became aware of the matter. Miss X became aware of the outcome of the safeguarding investigation in September 2018. We have discretion to set aside this rule where we decide there are good reasons. In this case I have decided not to exercise discretion to accept this late complaint because it is reasonable to have expected Miss X to complain to the Ombudsman after she received the Council’s final response to her complaint in January 2019.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because it is late and there is not a good reason to exercise discretion to investigate.

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Investigator's decision on behalf of the Ombudsman