The Ombudsman's final decision
Summary: We will not investigate this complaint about how the carried out a financial assessment for care charged. This is because this happened too long ago, and I see no reason to exercise discretion and investigate this now. Other matters have not yet been considered through the Council’s complaints process.
The complaint
The complainant, who I will call Ms X, complains about how the Council carried out a financial assessment when her mother entered a care home in 2019. She also complains about the actions of the Council regarding more recent matters.
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) The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate how the Council carried out its financial assessment of Ms X’s mother. This is because this happened some three years ago and is therefore late. I see no good reason why Ms X could not have asked the Ombudsman to investigate sooner.
I will not investigate the other matters Ms X has raised in her complaint to the Ombudsman, this is because these matters have not been raised with the Council through its complaints procedure. If Ms X wishes to, she can raise a complaint about these matters with the Council and if dissatisfied with its final response she can ask the Ombudsman to investigate them further.
Final decision
We will not investigate Ms X’s complaint because some elements are late, and others have not been considered by the Council via its complaints process.
Investigator's decision on behalf of the Ombudsman