Delay in bringing the complaint
8. The law 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 is a good reason to. We discussed this with Mr A to understand the reasons why he did not complain to us sooner. We also considered the time the ICB took to respond to Mr A.
9. Mr A’s son was assessed and found suitable for two different types of wheelchair in April 2021. Shortly after this, Mr A was told his son was now only suitable for one of the chairs.
10. Mr A made his first complaint to the ICB in June 2021 and the safeguarding referral was made in July. Mr A did not complain to the ICB again until May 2023.
11. Mr A knew about the matters complained about in June 2021. Although we do not know the exact date he found out that only one chair was available, we know he knew by June 2021 because this is when he made his first complaint to NRS. Mr A agreed this was when he realised he had a reason to complain. He knew about the safeguarding referral in July 2021, so we can be certain he was aware of all the matters he complains about by then.
12. To be within our time limit, Mr A needed to complain to us by July 2022. He did not complain to us until May 2023, ten months outside our time limit.
13. Mr A complained to the ICB on 22 May 2023 and it responded on 25 July. The complaint handling took two months and Mr A was then directed to us.
14. We asked Mr A about the delay and what had changed in May 2023 that made him feel able to complain. Mr A explained he felt more confident then.
15. Mr A said that between July 2021 and May 2023 he was scared and worried to bring the complaint, as he felt the ICB would create another ‘malicious’ safeguarding concern against him, and this would affect his ability to see and care for his son.
16. Mr A explained his son’s mother had applied for a court of protection order for their son in April 2023. Mr A stated it was at this time that he realised he should open his complaint, as the safeguarding referral could be used against him in court proceedings and affect his rights of contact with his son.
17. We appreciate this was a worrying time for Mr A. We have not seen anything to say Mr A could not have complained to us sooner. He had already complained about the safeguarding referral in in July 2021. We understand family circumstances prompted his complaint because he feared the impact the safeguarding referral might have on the court order. But, this does not mean he could not have complained to us before then.