The Ombudsman's final decision
Summary: We will not investigate this complaint the Council failed to complete an adult care needs review. That is because it is late.
The complaint
Ms X complained the Council had not reviewed her son’s, Mr Y’s, care needs assessment since 2021. She said it should have reviewed it annually. She said it also failed to respond to her request for support during the COVID-19 pandemic. She said the Council’s apology for its failings were not sufficient. She wants financial compensation.
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
We will not investigate Ms X’s complaint the Council had not reviewed Mr Y’s care needs assessment since 2021, or that it failed to respond to her request for support during the COVID 19 pandemic. That is because the law says complainants should bring their complaint to the Ombudsman within twelve months of the matter occurring. Ms X did not complain to the Ombudsman until 2024, therefore both her complaints are late. Ms X knew the Council had a responsibility to review Mr Y’s care needs annually; therefore, she could have complained sooner if she was unhappy with the Council’s actions.
Final decision
We will not investigate Ms X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman