The Ombudsman's final decision
Summary: We will not investigate Mr Y’s complaints about the Council’s adult social care support of Mr X because the matters complained about occurred between 2015 and 2018. Therefore, the complaints are late, and we decided not to exercise discretion to investigate these matters.
The complaint
Mr Y complained on behalf of Mr X. Mr Y complained about the Council’s adult social care services regarding matters between 2015-2018, including its decision to move Mr X to a care home, its assessments of Mr X, and its failure to replace Mr X’s blue badge.
Mr Y says these matters caused him distress, uncertainty, frustration, and time and trouble.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr Y’s complaints. Mr Y complained about matters that took place between 2015-2018. Mr X died in 2018. The law says we cannot investigate late complaints unless we decide there are good reasons. I have seen no good reasons Mr Y could not have brought the complaints to us sooner. Therefore, I will not exercise discretion to investigate these complaints.
Final decision
We will not investigate Mr Y’s complaints because they are late.
Investigator's decision on behalf of the Ombudsman