The Ombudsman's final decision
Summary: We will not investigate this complaint about financial assessment for adult social care fees. The complainant has known about the issues for more than 12 months and there is no good reason they could not have complained within 12 months of knowing of the issues.
The complaint
Ms C says the Council got Mrs D’s financial assessment wrong when it decided she had notional capital to pay her care fees. The Council left Mrs D in a vulnerable position when it failed to respond to requests to pay her residential care fees. Ms C wants the Council to reassess Mrs D’s finances.
The Ombudsman’s role and powers
We may investigate a complaint on behalf of someone who has died. The complaint may be made by: their personal representative (if they have one), or someone we consider to be suitable.
(Local Government Act 1974, section 26A(2), as amended) 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
Ms C first knew of the issues in October 2022 and complained to the Council in December 2022. Ms C did not complain to the Ombudsman until June 2024.
Although the Council was considering the complaint and Mrs D died there was nothing that prevented Ms C from coming to the Ombudsman within 12 months of knowing about the issues complained about.
Final decision
We will not investigate Ms C’s complaint because it is a late complaint, and I can see no good reason the complaint could not have been raised with the Ombudsman sooner.
Investigator's decision on behalf of the Ombudsman