The Ombudsman's final decision
Summary: We will not investigate the Council’s responses to Mr X’s complaint about delays in completing his carer’s assessment. That is because it is a late complaint and there are no good reasons for us to investigate.
The complaint
Mr X complains about a 5-month delay in progressing his carers assessment from August 2022. He also complains about the Council’s complaint responses not answering his concerns properly.
Mr X says he would like to be compensated for the Council’s negligence.
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) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (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 also considered the Ombudsman’s Assessment Code.
My assessment
Mr X says nothing happened for 5 months after his carers assessment took place in August 2022.
He says it was only after he complained to the Council - last year - that a new social worker visited him to put in place a carer’s support plan.
Mr X remains dissatisfied with the Council’s responses to date including its decision to withdraw a meeting with the officer dealing with his complaint, not answering all his questions about the reasons for the delay and failing to confirm if it had breached the Care Act by its delays.
The Council has responded to say: it was unclear what support Mr X would need until his partner was discharged from hospital and returned home.
an officer had considered Mr X’s request for ‘ad hoc’ respite and advised at the time that respite care had to be pre-planned.
it apologizes for the delays and also the distress caused.
that managers will supervise closely individual workers to ensure their cases are progressed.
that a meeting was not required as Mr X was subsequently allocated a new social worker who visited him promptly.
it would welcome Mr X’s contributions to a look at the Carers assessment documents in a forum together with other carers if he wished to get involved.
We will not investigate Mr X’s complaint. That is because the complaint is late. And there are no good reasons for us to investigate now as we are unlikely to achieve anything worthwhile. The Council has apologised and investigated Mr X’s complaints reasonably albeit Mr X remains dissatisfied.
Final decision
We will not investigate Mr X’s complaint because it is late and there are no good reasons for us to investigate.
Investigator's decision on behalf of the Ombudsman