The Ombudsman's final decision
Summary: We will not investigate this complaint about care provided to Mr B between 2014 and 2016. This is because the complaint is late and either Mr B or his representative could have come to us at the time. There is no good reason to exercise discretion to investigate this late complaint now.
The complaint
Mrs C complained the Council discriminated against her son between 2014 and 2016, ignored his care plan and demanded money which resulted in him relapsing. Mrs C says Mr B’s flat was in a disgusting state and he was not supported by his carers to maintain cleanliness in his home. Mrs C says she had to clean the flat. In addition, Mrs C says Mr B’s physical appearance was unkempt, his medication was not properly administered, and he was charged for substandard care. Mrs C wants: A full investigation into her complaint an apology for the substandard care and unfair charges for this care monies paid by Mr B, £8573.40, to be refunded.
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 considered the Ombudsman’s Assessment Code.
My assessment
Mrs C complained to the Council in 2020 about her concerns regarding Mr B’s care dating back to 2014. The Council responded in 2022 and said because they were historic complaints it was dealt with by its contract team. The Council advised it is willing to consider new complaints Mrs C or her representatives could have come to the Ombudsman at any time between 2014 and 2016 when Mr B was experiencing difficulties with his care package. There is no good reason to exercise discretion to investigate these matters now.
Final decision
We will not investigate Mrs C’s complaint because she could have come to us sooner.
Investigator's decision on behalf of the Ombudsman