Birmingham City Council (21 016 277)

Category : Adult care services > Safeguarding

Decision : Closed after initial enquiries

Decision date : 28 Feb 2022

The Ombudsman's final decision:

Summary: We will not investigate Mr X's complaint about the care given to his relative. It is late and there are no good reasons he did not complain sooner.

The complaint

  1. Mr X complained between 2010 and 2018, the Council had failed to consider care arrangements for his relative, Mr Y, now deceased. This meant Mr Y had a poorer standard of living.

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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 the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X says between 2010 and 2018, the Council did not consider care arrangements for his relative meaning his relative had a poorer quality of life.
  2. Mr X said Mr Y;
    • Did not get pension money on time.
    • Fell over and injured himself because his home was unsuitable.
    • Bought goods and services that were unnecessary.
  3. Mr X also said in 2014, a social worker did not properly assess Mr Y.
  4. The Council agreed to provide extra support to Mr Y in April 2018.
  5. Mr X made a complaint to the Council in early 2020 and the Council completed the complaints procedure by September 2021. I have considered the Council’s role in the time it took Mr X to bring his complaint to the Ombudsman. However, Mr X knew about the issues he complains about by April 2018. There are no good reasons he could not have complained at that time and brought his complaint to us within 12 months.

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Final decision

  1. We will not investigate Mr X's complaint about the care given to his relative. It is late and there are no good reasons he did not complain sooner.

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Investigator's decision on behalf of the Ombudsman

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