The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the actions of Mrs Y’s Care Provider in 2022 as her complaint is late.
The complaint
Mrs X complains the Care Provider: Did not contact her when it sent her late mother, Mrs Y, to hospital (in 2022); Did not share Mrs Y’s care plan with the hospital; and Has since refused to provide Mrs Y’s care records to her.
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 care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended) We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We expect people to complain to us about something they consider a council or care provider has done wrong within 12 months of them becoming aware of it. Mrs X is complaining about matters that happened in late 2022. I have seen no good reason why Mrs X did not complain to us sooner.
The Care Provider explained to Mrs X why it would not provide Mrs Y’s records. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection.
Final decision
We will not investigate Mrs X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman