The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to place a charge on Ms X’s property to pay for her care. The complaint is late.
The complaint
Mr X complained the Council wrongly included value of his mother, Mrs M’s, property when determining her contribution to her care home fees.
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. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs M went into a care home several years ago. Mrs M owned a property jointly with another person. Mr X had lived in the property all his life.
The Council carried a financial assessment out in 2015. It included the value of Mrs M’s share of the property in its financial assessment to calculate her contributions to her care home fees.
Mrs M’s son, Mr X complained to the Council unsuccessfully in 2015 about its decision.
Mr X complained again to the Council in 2022 because he said he had only recently found out it should have exercised its discretion when deciding whether to include the property and there was no proof it did so. The Council responded to say it had do so in 2015 and explained its decision again. Mr X was unhappy with the Council’s response and complained to the Ombudsman.
We will not investigate this complaint. Mr X was aware of the facts seven years ago and could have complained to us at that time.
Final decision
We will not investigate Mr X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman