Summary: We will not investigate Mr C’s late complaint about the Council’s actions in 2018. This is because Mr C could have come to us before now if he was concerned his stepfather, Mr D was living in unsuitable accommodation.

The complaint

1. Mr C complains in 2018 the Council recommended an unsuitable care home placement for his stepfather, Mr D. Mr C says he did not know the home had a poor CQC rating, Mr D fell and broke his hip within a few weeks of being placed there, and, on return from hospital, he fell out of his wheelchair whilst unattended which left him unable to walk and with a life changing brain injury. Mr C wants the Council to investigate why it did not recommend a suitable placement in 2018 and pay Mr D compensation for the distress caused.

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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. (Local Government Act 1974, sections 26B and 34D, as amended)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.
6. I considered Mr C’s comments before making a final decision.

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My assessment

7. Mr C could have come to us sooner if he was concerned Mr D was living in an unsuitable placement which did not meet his needs. The law says we cannot consider matters which a person knew about more than 12 months ago without good reason, and there is no good reason to disapply the law in this case.
8. Mr C says he has made a legal claim for negligence regarding the fall and brain injury. We cannot consider any matters which are before a court.

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Final decision

9. We will not investigate this late complaint. This is because Mr C could have come to us before now if he was concerned about information he was given by the Council.

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Investigator's decision on behalf of the Ombudsman