The Ombudsman's final decision
Summary: We will not investigate this complaint about adult social care charges. This is because it is a late complaint, with no good reason why the complainant could not raise it sooner.
The complaint
Mr D says the Council failed to tell his mother, Ms E, when the Council started contributing toward Ms E’s residential care fees. Ms E continued to pay for her care until she received an invoice from the Council in May 2022 for over £14,000. This came as a shock and meant the Care Provider had been overpaid. Mr D took legal action against the Care Provider to recover Ms E’s money. Sorting everything out caused Mr D unnecessary time and trouble. Ms E died while matters were continuing, and the issues meant a delay in Mr D’s settling Ms E’s estate.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr D and Ms E knew about the issues now complained about in May 2022. This is over 12 months ago and so the complaint is late in accordance with paragraph three. Mr D has given no good reason why he could not have made his complaint to the Ombudsman within twelve months of knowing about the overpayment caused by the Council’s actions.
Even if the Ombudsman chose to now investigate, it is unlikely we would add to the Council’s investigation. The Council has accepted fault, apologised to Mr D, and paid him £200 in recognition of the impact on him. The Council is also working with its staff to improve processes and ensure it tells people at the relevant time of any contribution toward their care support.
Final decision
We will not investigate Mr D’s complaint because it is a late complaint, and there is no good reason he could not have raised it sooner.
Investigator's decision on behalf of the Ombudsman