The Ombudsman's final decision
Summary: We will not investigate this complaint about social care. The Complaint is late and there are no good reasons to investigate now.
The complaint
Miss X complains the Council incorrectly assessed her social care needs. She also complains the Council is asking for unreasonable contributions to care costs.
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 and I considered the Ombudsman’s Assessment Code.
My assessment
In November 2023 the Council completed a needs assessment for Miss X and she was found to have eligible social care needs. The Council also completed a financial assessment and found Miss X was required to contribute to the costs of her care.
Miss X complains the Council found she was eligible for care in the home when she needs respite care outside the home. She says her father provided care at home but she needs respite outside the home to give him a break.
The Council say the care at home package can include sitting services, day services and activities in the community and short breaks and respite.
Miss X also says she should not be required to contribute to her care costs.
We normally expect people to complain to us within twelve months of them becoming aware of a problem. Miss X has been aware of the Council’s needs assessment and financial contribution calculation since 2023 but did not complain to the Ombudsman until 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.
Final decision
We will not investigate Miss X’s complaint. The Complaint is late and there are no good reasons to investigate now.
Investigator's decision on behalf of the Ombudsman