Lancashire County Council (21 006 101)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 10 Dec 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an assessment carried court by a social worker in 2005. The complaint is late.
The complaint
- The complainant, who I refer to here as Mr B, has complained an assessment carried out in 2005 affected his entitlement to receive Disability Living Allowance payments.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. It says 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 (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by Mr B and the Council. I also considered Assessment Code.
My assessment
- Mr B says friends made him aware in 2018 that an assessment of his disability carried out by social worker in 2005 may have been incorrect. He complained to us in July 2021.
- The complaint is late and there is no reason the restriction in paragraph 2 should not apply. Moreover, it would not be possible now to come to any meaningful view on the assessment carried out 16 years ago.
Final decision
- We will not investigate Mr B’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman