Brighton & Hove City Council (21 010 282)

Category : Adult care services > Safeguarding

Decision : Closed after initial enquiries

Decision date : 19 Nov 2021

The Ombudsman's final decision:

Summary: We will not investigate Mrs Y’s complaint about the Council’s handling of Mr X’s care needs. The complaint relates back to events that took place in 2018. We will not consider complaints about matters that the complainant was aware over 12 months ago. It was reasonable for Mrs Y to complain to us sooner.

The complaint

  1. Mrs Y complains about the care and treatment that Mr X received. She said the Council did not protect a vulnerable adult.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by Mrs Y and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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Final decision

  1. We will not investigate Mrs Y’s complaint because it relates to matters that Mrs Y was aware of 3 years ago. We will not investigate late complaints. It was reasonable to expect Mrs Y to have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman

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