The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council failing to arrange for another care agency to provide care to Miss X’s, for sending invoices to an incorrect address, and about an assessment completed in 2017. This is because an investigation would not lead to a different outcome. In addition, Miss X’s complaint about the assessment completed in 2017 is late.
The complaint
Miss X complains the Council failed to arrange for another care agency to provide care to her when she raised concerns about the quality of the care and support received from her current care provider. She also complains the Council sent invoices to her parents without her permission, and about a care assessment the Council completed in 2017.
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) The Ombudsman investigates 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 an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complaint about the care assessment completed by the Council in 2017 is late. I do not consider there are any good reasons for why it has taken Miss X more than 12 months to complain to us. Therefore, I will not exercise discretion to consider this late complaint.
The Council has accepted it was at fault for sending invoices to Miss X’s parents without her permission. The Council explained it had failed to update Miss X’s address on its records. The Council apologised to Miss X for this and confirmed it had now updated its records with her correct address.
I acknowledge the fault will have caused Miss X some distress. However, as the Council rectified the mistake to prevent it from reoccurring, there is nothing further an investigation could achieve.
With regards to the quality of the care being provided by Miss X’s care provider, the Council said it would complete a review with Miss X. During this review, the Council will also consider whether it is appropriate to commission a different care agency to take over Miss X’s care and support. This is an appropriate action to address Miss X’s concerns. Therefore, an investigation is not justified as there is nothing further to be achieved.
Final decision
We will not investigate Miss X’s complaint because an investigation would not lead to a different outcome. In addition, Miss X’s complaint about an assessment completed in 2017 is late.
Investigator's decision on behalf of the Ombudsman