The Ombudsman's final decision
Summary: We will not investigate this late complaint about the Council’s management of Mrs Y’s finances and alleged abuse in a care home. There is not a good reason Mrs X did not complain to us sooner.
The complaint
Mrs X complains about how the Council handled her mother’s (Mrs Y’s) finances. She says it withheld Mrs Y’s Personal Expenses Allowance, causing her financial hardship until Mrs X obtained Lasting Power of Attorney in 2020. Mrs X also complains about alleged abuse towards Mrs Y in care homes, between 2013 and 2018.
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) 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. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it 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
Mrs X’s complaint about how the Council managed her mother’s (Mrs Y’s) finances concerns events up to mid-2020, at which point Mrs X began managing Mrs Y’s money. The Council responded to Mrs X’s complaints in November 2018, December 2018 and April 2019 and signposted her to the Ombudsman.
Mrs X complained to us in January 2021 after obtaining Lasting Power of Attorney for Mrs Y. However, Mrs X did not provide us with evidence she had complained to the Council. We therefore advised her to complain to the Council and provide us a copy of its final response.
Mrs X complained again to the Council and it issued a further final response in April 2021 explaining it stood by its previous responses. It signposted her to the Ombudsman again. Mrs X complained to us a further 12 months later, in April 2022, this time also providing us copies of the earlier complaints correspondence.
Mrs X says the reason for the delay between 2021 and 2022 was due to family health issues and bereavement. However, the reasons she has given do not explain such a significant delay. She had produced a ‘case facts document’ in April 2021. This is not necessary in order to complain to us, however she could have sent us that document and the Council’s response in April 2021. Given that there were also clear opportunities in 2018 and 2019 for Mrs X to bring the complaints to us, and her first complaint to us in 2021 was already late, I cannot now justify exercising 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