The Ombudsman's final decision
Summary: We will not investigate this complaint about failures in adult social care support when Ms C left hospital. The complainant has known about the issues for more than twelve months, and there is no good reason she could not have complained to the Ombudsman sooner.
The complaint
Ms B says her mother, Ms C, did not receive suitable care support and funding for care, after she left hospital in August 2021. Ms C could not return to the care home where she had been living and so Ms B cared for Ms C at home without any support. Ms B says the Council delayed completing an assessment of Ms C’s needs. Ms B wants the Council to backdate funding for any support she and Ms C missed out on.
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
The issues Ms B complains of occurred between April and October 2021. Ms C died in October 2021. Ms B’s wellbeing was affected after Ms C’s death. By February 2022 Ms B was able to make a complaint to the Council. So Ms B knew about the issues more than 12 months ago. Ms B received a reply in December 2022, which gave her the details to contact the Ombudsman and advised there are time limits.
Ms B says her son contacted the Council for time extensions when Ms B did not feel able to continue matters. The Council does not have authority to grant extensions for the Ombudsman or decide whether the Ombudsman should investigate.
Ms B, or her son on her behalf, did not contact the Ombudsman until April 2024. Although Ms B may have continued to correspond with the Council over this time, that is not a good reason not to pursue her complaint with the Ombudsman if she was unhappy.
I can see no reason that prevented Ms B from complaining to the Ombudsman within 12 months of the issues she is concerned about. Even if we allow time for the delay in the Council responding, it is still over 12 months since Ms B received the final response in December 2022.
Final decision
We will not investigate Ms B’s complaint because it is a late complaint in accordance with paragraph two.
Investigator's decision on behalf of the Ombudsman