The Ombudsman's final decision
Summary: We will not investigate this complaint about residential care charges. That is because it is a late complaint.
The complaint
Mr X complained the Council incorrectly charged his father, Mr Y, for residential care in 2020. He wants the Council to accept its invoice is incorrect.
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
Mr X has known about the Council’s charges for Mr Y’s care since 2020. He did not complain to the Ombudsman until 2024. Therefore, his complaint is late and there is no good reason to exercise discretion to consider it now.
Final decision
We will not investigate Mr X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman