Summary: We will not investigate this complaint the Council failed to respond properly to adult safeguarding concerns. That is because the complaint it late and there is no good reason to exercise discretion and consider it now.

The complaint

1. Mr X complained the Council failed to respond to safeguarding concerns made about his mother’s, Mrs Y’s residential care during 2023. He said the Council failed to act on referrals or follow up on evidence provided by the Care Home.
2. Mr X said seeing Mrs Y experience abuse was deeply traumatising. He also said he had spent a significant amount of time chasing the Council about its investigations.
3. Mr X wants the Council to apologise to Mrs X about the safeguarding concerns; disclose the safeguarding records and implement improvements in its safeguarding processes. He wants the Council to waive Mrs Y care fees for periods it received safeguarding referrals.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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. (Local Government Act 1974, sections 26B and 34D, as amended)
6. 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:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint,.

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

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. We will not investigate Mr X’s complaints about how the Council dealt with safeguarding referrals it received about Mrs Y’s care during 2023. We expect a person to complain to us within twelve months of being aware of the matter. Mr X did not complain to the Ombudsman until September 2025. Therefore, any complaints about how the Council responded to safeguarding concerns in 2023 are late and we will not exercise discretion to investigate these now.
10. The Council has received subsequent safeguarding referrals about Mrs Y’s care. The Council met with Mr X in March 2025 to discuss these concerns. The meeting minutes demonstrate the Council’s reasoning for where concerns were substantiated or unsubstantiated. It also recorded the steps the Council had taken to address the concerns raised, this included staff training and follow up inspections of the Care Home. There is not enough evidence of fault in how the Council has dealt with these matters to justify our involvement.
11. If Mr X wants a copy of the Council’s safeguarding records for Mrs Y, he can make a Subject Access Request (SAR). If he has any concerns about how the Council responds to that request it would be a matter for the Information Commissioner’s Office.

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Final decision

12. We will not investigate Mr X’s complaint because it is late and there is not good reason to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman