Summary: We will not investigate this complaint about fees for a temporary care home stay in 2022. This is because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is late and there is no good reason to exercise discretion to investigate it now.

The complaint

1. In summary, Ms X complains, on behalf of Mr Y, about being charged £350 for a stay in care home for three weeks in 2022 while Mr Y’s home was being adapted
2. Ms X says Mr Y was not informed about the charges, did not agree to pay and that this matter is making him ill.

Back to top

The Ombudsman’s role and powers

3. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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)

Back to top

How I considered this complaint

5. I considered the information provided by the complainant and the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The Council says Mr Y filled in a financial assessment form in 2022 and this was used to calculate charges and send a bill in that year.
7. It seems Mr Y/Ms X have been aware since 2022 about the charges and this is two years before we received this complaint.
8. We will not investigate as this complaint is caught by the time bar on the Ombudsman’s powers and there are no good reasons to investigate.
9. Even if we decide the start point from December 2023 - when the Council told Ms X she could complain to us - Ms X has nearly allowed a year to elapse before complaining to us. It would only have taken one phone call or visit to our website in 2022 - 23 to make a complaint.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because it is late and there is no good reason to exercise discretion to investigate it now.

Back to top

Investigator's decision on behalf of the Ombudsman