12. The Health Commissioners Act 1993 says a person needs to make their complaint to us within a year of becoming aware of the problem. We cannot investigate complaints brought to us after one year, unless we consider there to be a good reason to do. We have discussed this with Mrs O to understand the reasons why she could not raise her complain earlier. We have also considered the time HCRG took to respond to Mrs O’s complaint.
13. Mrs O had reason to complain in April 2019 when she had concerns about her father’s carer. Mrs O first raised her concerns to HCRG in May 2019, but she did not raise a formal complaint to HCRG until 15 June 2020 via an advocacy service. She complained to us on 13 September 2021. Her complaint is one year and five months outside of the time limit for lodging a complaint.
14. We have carefully considered the reasons Mrs O provided for the delay in bringing the formal complaint to HCRG and in turn to us. There was a delay between Mr A’s funeral in September 2019 and Mrs O and her siblings sending a letter to HCRG on 27 February 2020. Mrs O has not provided an explanation for the full period of this delay other than that she went on holiday in November 2019 to relax after all the worry relating to Mr A’s care. She told us her husband died in November 2019, and she was grieving until late February 2020.
15. There was also a delay between 25 May 2021 and 13 September 2021, from when Mrs O received the final response to when she complained to us. Mrs O says the reason for this delay was because the advocacy service told her we had a long waiting list, so she did not rush to make the complaint to us.
16. We recognise Mrs O was coping with a difficult time in her life after losing her husband. We note Mrs O said the carer’s unprofessional manner towards the family affected them, and they want compensation. Mrs O and her siblings also sent a further complaint letter to HCRG on 27 February 2020. We consider Mrs O could have complained earlier than she did with the help of her siblings. She could have also sought help from the advocacy service earlier than she did.
17. We recognise there were also delays on the part of HCRG once the formal complaint had been raised with it. There was a delay of two months from when Mrs O requested the resolution meeting until it took place. A further delay of seven months occurred from the resolution meeting taking place and the final response being sent.
18. In summary, we recognise some of the delays in bringing the complaint to us were outside Mrs O’s control, but the delays were significant. She delayed making a formal complaint to HCRG from May 2019 to June 2020, and from May 2021 to September 2021, between getting the final response and complaining to us. Having considered the length of this delay, and the reasons provided, we do not think there are strong reasons for us to set aside the time limit in this case.