Summary: We will not investigate this complaint about the way the Council followed its safeguarding procedures in late 2023. The complaint is late and there are no good reasons to investigate now.

The complaint

1. Mrs B complains about the way the Council followed its safeguarding procedures when it received concerns relating to her late mother’s placement in a care home. She says the Council’s officer put unnecessary visiting restrictions in place which impacted on her family’s right to a private life when visiting her mother in the care home. Mrs B says the Council’s officer delayed agreeing to her mother receiving physiotherapy treatment recommended by two independent physiotherapists until it was too late. Mrs B says the missed opportunity meant she and her family had to watch her mother experience pain from pressure sores and suffer with loss of mobility and independence. Mrs B wants an investigation into the actions of the Council and its officer to ensure other families do not have to go through a similar experience.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs B’s late mother resided in a care home. Mrs B contacted the Council in September 2023 to complaint about the handling of a safeguarding investigation. She said the communication from the Council’s officer was poor and the restrictions placed on her family when visiting her mother interfered with their right to a private family life. Mrs B also complained about the Council’s officer delay agreeing to private physiotherapy for her mother.
7. The Council responded to the complaint in November 2023 and said there had been regular communication between its officer and Mrs B. It apologised its officer had not provided access to its safeguarding procedures. It found the time taken to complete the safeguarding investigation was necessary to consider the serious allegations. It said restrictions relating to family visits to Mrs B’s mother were proportionate and in line with safeguarding principles. It said its officer had consulted with other professionals and considered the best interest of Mrs B’s mother when deciding about physiotherapy. Overall, the Council did not uphold the complaint and directed Mrs B to complain to the Ombudsman.
8. We will not investigate this complaint because it is late. Late complaints are when someone takes longer than 12 months to complain to us about something a council has done. In her complaint to us Mrs B referred to a related court case which ended in August 2024. Mrs B did not complain to us until August 2025. Mrs B was aware of matters since late 2023 and could have come to us following the Council’s response to her complaint.

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Final decision

9. We will not investigate Mrs B’s complaint because it is late and there are no good reasons to investigate now.

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Investigator's decision on behalf of the Ombudsman