Summary: We will not investigate this complaint about the Council’s refusal to investigate Mr X’s concerns. The complaint is late and there are no good reasons for us to exercise discretion to consider it now.

The complaint

1. Mr X complained the Council refused to investigate concerns he had about treatment he received while he was an in-patient at a hospital.
2. Mr X said there is cause for concern for the safety of other patients.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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

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My assessment

7. Mr X complained the Council refused to investigate concerns he raised in January 2024 about treatment he received in a hospital in May 2023.
8. The Council spoke to Mr X in July 2024 and told him why the concerns would not progress to a safeguarding investigation. There are also records of other communications between the Council and Mr X, where the Council explained its reasoning for not considering the matter further.
9. As outlined in paragraph four, we cannot investigate late complaints without good reasons to do so.
10. I understand these are significant concerns for Mr X, but I have not seen any good reasons why Mr X could not have complained to us sooner. For this reason, we will not investigate.

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Final decision

11. We will not investigate Mr X’s complaint because the complaint is late and there are no good reasons for us to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman