The Ombudsman's final decision
Summary: We will not investigate this complaint about a safeguarding investigation the Council carried out from 2020 to 2022. This is because the complaint is out of time.
The complaint
Mr X complains the safeguarding investigation the Council carried out from 2020 to 2022 into the care his late mother received in a care home was mismanaged.
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
A council must make enquiries if it thinks a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themselves. An enquiry is the action taken by a council in response to a concern about abuse or neglect. An enquiry could range from a conversation with the person who is the subject of the concern, to a more formal multi-agency arrangement. A council must also decide whether it or another person or agency should take any action to protect the person from abuse. (section 42, Care Act 2014) I will not investigate this complaint because it is late and there is no good reason to exercise discretion. The Council completed its safeguarding enquiry in March 2022 and signposted Mr X to us in October 2022. However, he did not raise his complaint with us until 2024. Mr X did not need to await the outcome of further reviews before contacting us.
Final decision
We will not investigate Mr X’s complaint because it is out of time.
Investigator's decision on behalf of the Ombudsman