The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of matters relating to Mr X’s care. This is because the complaint is a late complaint and the matters complained about happened too long ago to be investigated now.
The complaint
The complainant, who I refer to as Mr X, has complained that the Council’s Social Services has made things up, covered things up, failed to follow the relevant legislation in relation to his care and Care Plan and failed to deal with his complaint.
The Ombudsman’s role and powers
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 Mr X, including the Council’s last response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
At the end of 2019, Mr X complained to the Council about a number of issues concerning his care, housing and children. The Council responded to Mr X in January 2020 and told him of his right to complain to us if he was not satisfied with its response. Mr X complained to us nearly two years later.
The restriction highlighted at paragraph 3 applies to Mr X’s complaint. It is a late complaint and we will not exercise discretion to investigate it now. This is because it is reasonable to have expected Mr X to have complained to us sooner.
If Mr X wishes to make a current complaint, he must first complain to the Council before we will consider it.
Final decision
We will not investigate Mr X’s complaint because it is a late complaint and the matters complained about happened too long ago to be investigated now.
Investigator's decision on behalf of the Ombudsman