Summary: We will not investigate Mrs X’s complaint that the Council failed to safeguard her relative, Mr Y. Some of the complaint is late and there is no worthwhile outcome achievable by our investigation. It is appropriate for the Council to address any new matters through its complaints procedure.

The complaint

1. Mrs X complains on behalf of her deceased relative, Mr Y. She says the Council failed to safeguard Mr Y, or provide him with appropriate neurodivergent care, for the last six years. She also complains of delays, poor communication, lack of consultation, unsafe hospital discharges and inappropriate placements during the period.
2. Mrs X says the matter has had a serious impact on Mr Y’s wellbeing and dignity. She says she has also expressed stress and anxiety advocating for Mr Y. She wants the Council to acknowledge its failures, review its processes and provide an appropriate remedy.

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The Ombudsman’s role and powers

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:

• 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. 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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I considered information provided by Mrs X and the Council.
7. I also considered the Ombudsman’s Assessment Code.

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My assessment

8. Most of the events Mrs X complains of took place 12 months before she complained to us. If Mrs X had concerns about the quality of Mr Y’s care, she could have complained to us sooner. Given the time that has passed and the change in circumstances, there is no worthwhile outcome to be achieved by investigating these matters now, and it is unlikely we could achieve a meaningful remedy.
9. In 2024, Mrs X complained to the Council about its handling of Mr Y’s hospital discharge. She says the Council failed to conduct a risk assessment or arrange adequate care. The Council considered her complaint in November 2024 and acknowledged there was a lack of clarity and accountability by its adult social care team to support Mrs X care for Mr Y following his discharge. It apologised to Mrs X and advised it would implement an action plan to make service improvements. I am satisfied the Council properly considered this issue and further investigation by us would not lead to a different outcome.
10. Mrs X raised new matters with the Council during 2025, around safeguarding concerns and Mr Y’s continuing healthcare checklist. The Council addressed those matters with Mrs X informally but has not provided a formal complaint response. Therefore, it is appropriate for Mrs X to complete the Council’s complaints procedure before we consider these matters.

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Final decision

11. We will not investigate Mrs X’s complaint because some of the complaint is late and there is no worthwhile outcome achievable by our investigation. It is appropriate for the Council to address any new matters through its complaints procedure.

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Investigator's decision on behalf of the Ombudsman