Durham County Council (23 005 850)

Category : Adult care services > Safeguarding

Decision : Closed after initial enquiries

Decision date : 22 Aug 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the standard of respite care provided to Mrs X’s late husband in a Care Home in 2021. The complaint is late and there is no good reason to exercise discretion to investigate it now.

The complaint

  1. Mrs X complains about the care provided to her late husband, Mr Y, in a Care Home in 2021. In short, she says staff were unprofessional, failed to complete care notes accurately, and did not appear to be able to cope Mr Y’s dementia resulting in him being left unkempt and unclean.

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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 the information provided by the complainant and the Ombudsman’s Assessment Code.

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My assessment

  1. Mrs X was aware in 2021 of the complaint matters. That was two years before she complained to us. Mrs X says her health has been affected since Mr Y was in the Care Home and has provided a doctor’s note. But, in 2022 she received a response from the Care Home and she also sent in a subject access request to the Council. It would only have taken one phone call or visit to our website in 2021- 22 to make a complaint.

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Final decision

  1. We will not investigate Mrs X’s complaint because it is late and there is no good reason to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman

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