Summary: We will not investigate Miss X’s complaint about the Council’s commissioning process and care provided in a Council commissioned rehabilitation centre. This is because the complaint is late.

The complaint

1. Miss X complained about the Council’s drug and alcohol service. She said the quality of service reduced after the Council commissioned a new provider. She said this impacted on the quality of care she received whilst a patient in a rehabilitation centre.
2. Miss X also said the Council delayed in responding to her complaint and it caused her stress. Miss X wants the Council to compensate her for the delays in its complaint handling.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We will not investigate Miss X’s complaint about the drug and alcohol services commissioned by the Council, or the care she received. The events Miss X complained about took place towards the end of 2023. The Council responded to her complaints at the start of 2024, however Miss X did not complain to us until May 2025. We expect a person to complain to us within 12 months of being aware of a matter, therefore, the complaint is late, and there is no good reason to exercise discretion to consider it now.
9. However, even if the complaint was not late, we would not investigate. The Council's stage-two complaint response did a thorough review of the initial investigation into the care Miss X received at the rehabilitation centre. It found minor areas where communication could be improved and set out steps the centre had taken to improve this. It said it had waived Miss X’s fees for her care. That is an appropriate remedy for any failings identified and injustice caused. Further investigation would not lead to a different outcome.
10. In its complaint response, the Council accepted there were delays in its complaint handling. It said that was in part due to the different organisations involved in its drug and alcohol services. The Council said it had taken steps to streamline its complaint handling process. I am satisfied the Council has taken sufficient steps to address the concerns raised. Further investigation would not lead to a different outcome.
11. Miss X also complained the Council’s Commissioning Manager asked her to copy them into complaints communication with the service provider. It then wrote and asked her to stop doing this. The Council explained it was not the Commissioning Manager’s role to be involved in operational issues and that her complaint was best resolved directly by the service. We will not investigate this element of the complaint because there is not enough evidence of fault to justify our involvement.

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Final decision

12. We will not investigate Miss X’s complaint because the complaint is late.

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Investigator's decision on behalf of the Ombudsman