The Ombudsman's final decision
Summary: We will not investigate this complaint about funding for an adult social care respite stay in a residential care home. The complaint is a late complaint as the complainant knew about the matters two years ago. There are no good reasons the complaint could not have been made to us sooner.
The complaint
Mr B says the Council refuses to pay an invoice for a respite stay at a residential care home for his relative, Ms C. Mr B says had the Council assessed Ms C sooner then it would have been responsible to fund the respite stay so wants it to do so.
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
Ms C’s respite stay happened in January 2023. Mr B knew of the Council’s decision to only accept responsibility for Ms C’s needs from the date of its assessment in January 2023.
Mr B approached the Ombudsman in January 2025, two years after he knew about the issues he complains about. Mr B has given no good reasons why he could not complain sooner, and why he could not complain by January 2024. I recognise Ms C died within this period and so that will likely have impacted Mr B’s ability to progress matters. But the complaint was made to the Ombudsman over a year since Ms C died.
Final decision
We will not investigate Mr B’s complaint because this is a late complaint with no good reasons why the complaint could not have been made to the Ombudsman within twelve months of Mr B’s knowledge of the events.
Investigator's decision on behalf of the Ombudsman