The Ombudsman's final decision
Summary: We will not investigate this late complaint about the Council’s decisions relating to Ms Y’s accommodation and how this would be funded. There is not a good reason Ms X did not complain sooner.
The complaint
Ms X complained the Council refused to fund her late mother’s (Ms Y’s) care fees and did not refer her for a continuing healthcare assessment. It moved her into residential care in 2018 rather than providing services to enable her to stay at home. This caused Ms X stress and meant Ms Y caught COVID-19 in a care home and died alone, rather than in her own home. Ms X believes the Council made decisions based on finances rather than Ms Y’s best interests. Ms Y’s property had to be sold and she paid more than £80,000 in care fees.
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 the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says the Council decided in 2018 Ms Y should move into residential care, which Ms X believes was a decision made based on finances rather than best interests. Ms X says the Council should have funded care at home for Ms Y.
Ms X also says the Council did not refer Ms Y for a continuing healthcare assessment in 2020. She is of the view Ms Y should have received continuing healthcare funding from the NHS during her stay in the care home until her death in early 2021.
We normally expect complaints to be made to us within 12 months. There is not a good reason Ms X did not complain about these issues sooner.
Final decision
We will not investigate Ms X’s late complaint because there is not a good reason she did not complain sooner.
Investigator's decision on behalf of the Ombudsman