The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the care received by his relative in a Care Home from 2020 – 2022. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint has been made late and there are no good reasons for us to investigate.
The complaint
Mr X says a Care Home provided a poor standard care of care to his relative from 2020 – 2022. He says this caused distress and he would like the Care Home to be closed.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’ causing an injustice. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council commissioned the care at the Care Home in question, so it is ultimately responsible for the care.
The Care Home has responded to Mr X’s concerns in some detail including offering meetings and inspections of its daily sheets for the time periods complained of. It also says the Council’s safeguarding review in 2022 found no cause for concern.
Mr X’s relative sadly died in November 2022 after they were moved to a different care home.
We will not investigate Mr X’s complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. Mr X was aware of the matter at the relevant time, and I see no good reasons to exercise discretion to consider it now.
Final decision
We will not investigate Mr X’s complaint because it lies outside our jurisdiction and there are no good reasons to consider it now.
Investigator's decision on behalf of the Ombudsman