The Ombudsman's final decision
Summary: We will not investigate this complaint about care charges. That is because it is a late complaint.
The complaint
Mr X complains about the amount the Council had invoiced him for care charges.
He says the charges increased from £32 to £300 per month for the last six months he used the service. He would like a refund.
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. I also considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he brought his complaint to the Council in January 2022 and has spent the last two years trying to resolve it. He says he was unaware until recently that he could complain to us.
We will not investigate Mr X’s complaint. That is because the complaint is late. I am satisfied Mr X knew about the charges over two years ago. Therefore, it was reasonable for him to complain to us sooner if he thought they were incorrect. The LGSCO has been in existence since 1974 and we are widely known for being the most suitable agency to investigate complaints about social care charges.
Investigator's decision on behalf of the Ombudsman