Summary: We will not investigate X’s complaint about abuse they suffered when in the care of a Council commissioned care provider. This is because the complaint is made late and there are no good grounds to exercise discretion and consider it now.

The complaint

1. X complains that they suffered abuse whilst under the care of a care provider commissioned by the Council. X says the Council and commissioned service failed to safeguard them.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. I cannot investigate X’s complaint that the Council failed to safeguard them from abuse. This is because the Ombudsman has previously considered this matter and we cannot accept repeat complaints about the same issues.
6. I will not investigate X’s complaint about the actions of the Council commissioned care provider. This is because X’s complaint is about issues that are historic and I see no good reason why X could not have complained sooner.

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Final decision

7. We will not investigate X’s complaint because it is made late.

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Investigator's decision on behalf of the Ombudsman