Summary: We will not investigate this complaint alleging safeguarding failures as it is late. There are no good reasons to investigate now.

The complaint

1. Ms X complains the Council failed to properly safeguard her relative, Mr Y, in 2021.

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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 provider 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 which includes the Council’s response.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X says she raised concerns with the Council in 2021 about possible abuse, neglect, and actions of an attorney towards Mr Y. Ms X contends the Council failed to investigate the concerns adequately at the time and Mr Y was taken out of the country subsequently dying in 2022. Ms X wants the Council to carry out a safeguarding review.
7. The Council has declined to investigate saying the complaint has been brought too late for it to investigate.
8. We will not investigate. This is because Ms X has made her complaint late significantly outside of our usual 12-month time limit for investigating. And I see no good reason for the delay given Ms X was aware in 2021 of the matters she raises now.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman