The Ombudsman's final decision
Summary: We will not investigate this complaint about what happened to Mr X’s father whilst in the Council’s care. This is because this is a late complaint and there are no good reasons to investigate now.
The complaint
Mr X complains the Council failed to provide proper care to his father. Mr X says his father broke his leg whilst in the Council’s care and he should not have to pay care fees for the time his father was in care.
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 the @complainant @and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council responded to Mr X’s complaint in October 2019. Mr X did not complain to the Ombudsman until March 2022. Therefore this is a late complaint and we cannot investigate it.
We have the power to disregard this restriction where there are good reasons. However I cannot see why Mr X could not have complained sooner if he was unhappy with the Council’s response to his complaint.
Final decision
We will not investigate Mr X’s complaint because it is a late complaint and there are no good reasons to investigate now.
Investigator's decision on behalf of the Ombudsman