Cornwall Council (21 005 202)
Category : Adult care services > Safeguarding
Decision : Closed after initial enquiries
Decision date : 01 Sep 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about care services provided to Mrs X. This is because the events complained of occurred more than 12 months ago.
The complaint
- Mrs X’s daughter, Mrs Y, complains her mother was not provided with adequate care by the Council. She also says the Council failed to properly investigate her safeguarding concerns about how a care home was managing her mother’s finances.
- Mrs Y says the Council’s actions have caused her significant distress.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs Y complains about events which occurred between January 2018 and January 2020. However, Mrs Y did not complain to the Ombudsman until July 2021. Therefore, this is a late complaint and we will not investigate. We have discretion to set aside this restriction where we decide there are good reasons. In this case I have decided not to exercise discretion because it is reasonable to expect Mrs X to have complained to us sooner. Mrs Y was able to raise concerns about her mother’s care with the Council during 2018 and 2019.
Final decision
- We will not investigate Mrs X’s complaint because it is a late complaint.
Investigator's decision on behalf of the Ombudsman