The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council providing wrong information about the cost of care, failing to invoice correctly, failing to provide a breakdown of care, and for delay in its complaint handling. This is because the complaint is late and there are no good reasons for why Mrs X could not have complained to us earlier.
The complaint
Mrs X complains the Council gave the wrong information about the cost of care for her mother which meant the family could not make an informed decision about the placement. She also complains the Council: Failed to invoice correctly.
Failed to provide a breakdown of care so she could check the invoices for accuracy.
Delayed in responding to her complaint.
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
Mrs X complained to the Council about her concerns regarding her mother’s care charges in April 2020. These are the same concerns Mrs X now complains to the Ombudsman about.
The Council responded to Mrs X’s complaint in September 2020. The Council signposted Mrs X to us if she was not happy with the complaint response.
Mrs X says she did not receive this letter. Mrs X said she only received it when she followed up with the Council in June 2021 after the Council contacted her requesting payment.
While I acknowledge Mrs X said she did not receive the Council’s final complaint response in September 2020, I do not agree this means she has good reasons for why she could not complaint to us earlier. This is because she knew she should have received a complaint response from the Council after she made her complaint. However, there is no evidence Mrs X followed up with the Council to chase a response or resolution to the complaint.
Final decision
We will not investigate Mrs X’s complaint because it is late and there are no good reasons for why Mrs X could not have complained to us earlier.
Investigator's decision on behalf of the Ombudsman