Summary: The Ombudsman will not investigate this complaint about the Council not sending a letter to a hospital trust about Mr B’s reasonable adjustments. The complaint is late and Mr B has not provided an exceptional reason we should exercise discretion to investigate it.

The complaint

1. Mr B says in October 2017 Stockton-on Tees Borough Council (the Council) agreed to send a letter to a hospital trust (the Trust) asking them to adhere to Mr B’s reasonable adjustments. However, the Council never sent that letter.
2. Mr B says the Council’s fault caused him significant distress and worsened the impact of his post-traumatic stress disorder. This was because the Trust made repeated safeguarding referrals to the Council.
3. Mr B would like to make sure similar fault does not happen to others.

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The Ombudsman’s role and powers

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)
5. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I considered information Mr B provided in writing and by telephone. This includes documents by the organisations complained about. I sent Mr B a draft of this decision and considered his comments.

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What I found

Key facts

7. Mr B suffers with post-traumatic stress disorder. In moments of distress he needs people to adhere to his reasonable adjustments. These include letting him take a short break to calm down.
8. In September and October 2017, the Trust provided care and treatment to Mr B’s son for his complex health problems. Mr B found that time distressing. He said the Trust would not allow him time to take a break when he got distressed. The Trust had concerns about Mr B’s behaviour and raised many safeguarding referrals to the Council’s social services.
9. In October 2017, the Council agreed to write to the Trust to ask them to adhere to Mr B’s reasonable adjustments.
10. During a complaint resolution meeting in January 2018, the Trust told Mr B it had not received any letters from the Council.
11. Mr B complained to the Council in February 2019. In response, the Council apologised for not sending the letter to the Trust. However, in December 2017 it contacted the Trust to make them aware of Mr B’s reasonable adjustments, and how it could manage Mr B’s challenging behaviour.

Analysis

12. Mr B said the first time he was aware the Council did not send the letter to the Trust about his reasonable adjustments was in February 2019, after he made a complaint. However, the Trust had told Mr B in January 2018 that it had not received any letters from the Council. I understand Mr B had lost faith in the Trust’s handling of his son’s care and treatment and did not believe what the Trust were saying in January 2018. However, Mr B had 12 months from January 2018 to make a formal complaint to the Council and did not do so.
13. Mr B said he prioritised his son’s needs in 2018. Also, he had a mental breakdown around Christmas. Mr B also said needed to focus on one thing at a time. I understand this. However, I have seen evidence Mr B was making complaints to PHSO in 2018 about the Trust’s care and treatment. I still consider Mr B had the time and opportunity to complain to the LGSCO about the Council sooner than he did. Therefore, I consider the complaint is late.
14. In addition to considering Mr B could have raised the issue of the letter with the Council much sooner, I also do not think an Ombudsman’s investigation into the Council’s actions will add anything more to what has already been said by the Council. It has confirmed it did not send the letter and apologised for not doing so. It has also explained that even though no letter was sent, it did contact the Trust about Mr B’s reasonable adjustments. Any decision about how then to respond to Mr B’s reasonable adjustment needs was then a matter for the Trust; the Council cannot tell the Trust what to do.

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Draft decision

15. I will not investigate this late complaint. Mr B has not provided an exceptional reason I should exercise discretion to investigate it.

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Investigator's decision on behalf of the Ombudsman