The Ombudsman's final decision
Summary: We will not investigate Mrs C’s complaint about the Council charging Ms B for care between 2010 and 2017. This is because Mrs C could have come to the Ombudsman before now if she was concerned about the charges.
The complaint
Mrs C complained the Council charged Ms B for respite and day care services between 2010 and 2017 when she had appointeeship for her finances. Mrs C says since 2017 the Council has been Ms B’s appointee for finances and since 2018 her family have not been asked about her Disability Related Expenditure (DRE). Consequently, Mrs C is concerned Ms B’s finances are not being managed properly. Mrs C says Ms B should be reimbursed the money she paid for care but did not receive between 2010 and 2017 and be refunded money from 2017 because the Council has not considered her expenditure correctly. Mrs C says the Council has not considered her complaint about the safeguarding of Ms B’s finances.
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
We will not investigate Mrs C’s complaint about the Council charging Ms B for care between 2010 and 2017. This is because Mrs C was Ms B’s appointee for finances during that time and could have come to the Ombudsman then. Since 2017 the Council has been Ms B’s appointee. Mrs C says Ms B’s appointee has not managed her finances appropriately and she made a safeguarding referral in 2021. Mrs C says she did not receive a response and followed this up in March 2022.
It is the role of the appointee for finances to ensure all of Ms B’s DRE is being properly considered in the financial assessment. The Council says Mrs C’s concerns about the safeguarding of Ms B’s finances will be considered through its complaint process. The Council will tell Mrs C when it has completed its investigation and advise her of her right to come to the Ombudsman.
However, if Mrs C is concerned the Council appointee for Ms B is not suitable she will need to challenge this through the Court of Protection. The Ombudsman cannot decide this.
Final decision
We will not investigate Mrs C’s complaint because the matters complained about happened to long ago and Mrs C could have come to us sooner. Mrs C can raise a new complaint if she is concerned Ms B’s finances are not being protected and can go to the Court of Protection if she believes the Council’s appointee is not suitable.
Investigator's decision on behalf of the Ombudsman