Summary: We will not investigate this complaint about adult social care. It is unlikely we would add to the Council’s response or achieve anything further.

The complaint

1. Ms B says her relative Ms C has become bedbound since discharged from hospital to a care home and awaiting an operation. Ms B has many concerns about NHS services. Ms B has raised concerns with the Council’s safeguarding team, but it has taken no action. Ms B is concerned about the costs of the care home placement, feels Ms C is neglected, and is distressed.

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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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms C has lived in a residential care home since 2022. Ms B raised concerns then about the costs, which the Council responded to. Ms B did not progress the complaint and gives no good reason why she could not have raised these concerns with the Ombudsman sooner. This is a late complaint, and we will not consider it now.
8. Ms B has raised safeguarding concerns with the Council. The Council has responded and explained why it does not meet the threshold for further enquiry. It is unlikely the Ombudsman could add to the Council’s response or achieve anything further.
9. There is no worthwhile outcome achievable from an Ombudsman investigation. The main concerns are around Ms C’s health needs and Ms B has made complaints to the NHS bodies about that. We have no powers to investigate complaints about the NHS. While Ms C is waiting for medical treatment the Council has assessed and is meeting her adult social care needs and can charge for that care support.

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Final decision

10. We will not investigate Ms B’s complaint because parts of the complaint are late or not in our powers to consider. I am satisfied the Council has properly responded to the parts of the complaint we could consider, and that we could not add to that or achieve anything further.

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Investigator's decision on behalf of the Ombudsman