The Ombudsman's final decision
Summary: We will not investigate this late complaint about how the Council responded to concerns about Ms X’s parents’ finances and overcharging for care. There is not a good reason Ms X did not complain to us sooner.
The complaint
Ms X complained the Council wrongly involved itself in her parents’ (Mr and Mrs Y’s) finances and failed to act on concerns their carers were financially abusing them. The Council enabled the alleged perpetrators to have Mr and Mrs Y’s bank cards and pin numbers without the family’s consent. This meant risk to Mr and Mrs Y continued. The Council did not carry out mental capacity assessments. It also overcharged Mr and Mrs Y for care. Mr and Mrs Y experienced stress and financial loss. Ms X wants a proper investigation, and compensation for her mother. Her father is now deceased.
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
Ms X raised concerns in early 2019 about financial abuse by Mr and Mrs Y’s carers. Ms X complained to the Council in April 2020 about Mr and Mrs Y’s care charges, and it responded at stage one in July 2020. Ms X complained in July 2021 about the Council’s response to her concerns of financial abuse, and the Council responded later that month.
Ms X asked the Council in October 2021 to escalate her complaints to stage two, and the Council issued a final complaint response in December 2021, signposting Ms X to the Ombudsman. She complained to us in August 2022.
There is not a good reason Ms X did not complain sooner after events. When a significant period has passed, we cannot come to fair conclusions. We will not now investigate these complaints.
It is open to Ms X to seek legal advice about applying for a court order to recover the money Mr and Mrs Y lost.
Final decision
We will not investigate Ms X’s late complaint because there is not a good reason she did not complain sooner.
Investigator's decision on behalf of the Ombudsman