The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of the complainant’s mother’s care. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint has been made late to us outside of our usual 12-month time period for accepting complaints. And, I have seen no evidence the complainant could not have complained to us earlier.
The complaint
Mr Y says Council staff acted unfairly by placing his mother, Mrs X, in a care home after she was discharged from hospital in 2019. He also says the care she received was negligent as she was assaulted and suffered falls. He says he has been left with poor mental health and is unable to work.
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. I also considered the Ombudsman’s Assessment Code.
What I found
I am satisfied that Mr Y has made his complaint late to the Ombudsman. I have seen no evidence to indicate Mr Y could not have complained earlier instead of several years after the events in question. I note Mr Y says his complaint was in the hands of his solicitors. However, solicitors are not required to make a complaint to the Ombudsman.
Investigator's decision on behalf of the Ombudsman