The Ombudsman's final decision
Summary: We will not investigate this late complaint about delays in Ms Y’s accommodation accepting her back after she was ready to be discharged from hospital. There is not a good reason Mrs X did not bring this complaint to us sooner.
The complaint
Mrs X complains staff at the Council-arranged sheltered accommodation in which her mother, Ms Y, lived delayed her discharge from hospital. She says they misrepresented the equipment and care Ms Y would need on her return. Ms Y subsequently contracted COVID-19 in hospital and passed away. This caused distress to the family. They would like compensation to recognise the distress experienced and the time and trouble taken to deal with the issues.
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 Y passed away in hospital in December 2020. Mrs X is of the view Ms Y would not have contracted COVID-19 had her discharge been arranged sooner, and the delay was due to the staff at Ms Y’s accommodation.
Mrs X contacted us in January 2022. This complaint is late as it was brought to us more than 12 months after the events she complains about. The care provider sent Mrs X a final complaint response in March 2021, signposting her to the Ombudsman.
There has been a coroner’s inquest in the meantime, but this did not prevent Mrs X bringing her complaint to us. She also had some communication with the Council during this period, however we do not expect a complainant to use both a care provider’s and a council’s complaints processes, and as such she could have complained to us in March 2021. There is not a good reason she did not complain sooner and we therefore should not use our discretion to consider this late complaint.
Final decision
We will not investigate Mrs X’s late complaint because there is not a good reason she did not complain to us sooner.
Investigator's decision on behalf of the Ombudsman