The Ombudsman's final decision
Summary: We will not investigate this complaint about the involvement with the complainant after his ex-wife was taken to care because these events happened too long ago. Furthermore, we cannot investigate any complaint relating to the care of the complainants late ex-wife because he is not a suitable representative.
The complaint
The complainant, who I will call Mr X, complains about how the Council dealt with matters relating to he and his late ex-wife after it became involved in her care between 2013 and 2018. Mr X says the Council’s actions affected both he and his ex-wife.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by: their personal representative (if they have one), or someone we consider to be suitable.
(Local Government Act 1974, section 26A(2), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate this complaint because the events happened too long ago. The Council responded to Mr X’s concerns in late-2017 and early-2018. I see no reason why Mr X could not have complained to the Council then the Ombudsman sooner if he was dissatisfied with these responses.
Furthermore, even if Mr X had complained sooner, we could not have investigated the Council’s actions in relation to his late ex-wife. This is because before her death they were divorced, and the Court of Protection subsequently gave formal authority in relation to decisions about her care. For these reasons I cannot say that Mr X is a suitable representative.
Final decision
We will not investigate Mr X’s complaint because the events happened too long ago, and he is not a suitable representative to act on his late ex-wife’s behalf.
Investigator's decision on behalf of the Ombudsman