The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council charging Mr X for care and support and for not making the reasonable adjustments requested. This is because we have previously considered the complaint and the complaint about reasonable adjustments is late.
The complaint
Mr X complains the Council is charging him for care and support when he doesn’t receive any services. He also complains the Council has not made the reasonable adjustments he asked for.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X previously complained about the Council charging him for care and support. We considered this complaint in 2017 and decided not to investigate Mr X’s complaint as there was no evidence of fault with how the Council reached its decision to charge Mr X for his care services.
We will not reconsider matters that we have already decided on. Therefore, this complaint is a repeat complaint and is invalid.
With regards to the Council not making the reasonable adjustments Mr X requested, as the matters relate to events in 2017 and 2018, this complaint is late. There are no good reasons for why Mr X could not have brought his complaint to us earlier, especially given Mr X was aware of us.
Final decision
We will not investigate Mr X’s complaint because he complains about matters we have already considered, and because the complaint is late.
Investigator's decision on behalf of the Ombudsman