The Ombudsman's final decision
Summary: We will not investigate Mr Y’s complaints about the Council’s adult social care support of Ms X because we decided Mr Y was not a suitable representative and because the complaints are late. We will also not investigate Mr Y’s complaints about the Council’s carer’s assessments and poor communication because these complaints are late.
The complaint
Mr Y complained on behalf of Ms X and in his own right. Mr Y said the Council: failed to support Ms X between 2015 and 2022, including matters relating to adult social care and support, and support for a blue badge application; failed to properly assess him as a carer for Ms X; did not provide appropriate support to him between 2018-2022 when he acted as a carer for Ms X; and about the Council’s poor communication.
Mr Y says these matters caused him distress, uncertainty, frustration, and time and trouble to resolve.
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 may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by: their personal representative (if they have one), or someone we consider to be suitable.
(Local Government Act 1974, section 26A(2), as amended).
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Complaints on behalf of Ms X We will not investigate Mr Y’s complaints about the Council’s care and support of Ms X between 2015-2022. This is because we decided Mr Y was not a suitable representative for Ms X. In addition, the complaint is late. The law says we cannot investigate late complaints unless we decide there are good reasons. Ms X died in 2022. Mr Y brought the complaint to the Ombudsman in 2024 and complained about matters dating back to 2015. I have seen no good reasons Mr Y could not have brought the complaint sooner. Therefore, even if we accepted Mr Y as a suitable representative, we would not exercise discretion to investigate this complaint in any case.
Complaints in Mr Y’s own right Mr X also complained about the Council’s carer’s assessment of his needs relating to his role as Ms X’s carer between 2018-2022. Mr X also complained about the Council’s poor communication. Mr Y brought his complaint to the Ombudsman in 2024. These complaints are therefore late. I have seen no good reasons Mr Y could not have brought these complaints to the Ombudsman sooner. Therefore, I will not exercise discretion to investigate these matters.
Final decision
We will not investigate Mr X’s complaints because we decided he was not a suitable representative, and because the complaints are late.
Investigator's decision on behalf of the Ombudsman