The Ombudsman's final decision
Summary: We will not investigate this late complaint about the Council charging Mrs Y’s family a top up fee for her care. There is not a good reason for the delay in the complaint being made to us.
The complaint
Mr X complained, via a representative, that the Council wrongly charged a top up fee for his mother’s (Mrs Y’s) care. He said this caused the family a financial detriment. He wanted the Council to reimburse the top up fees paid.
The Ombudsman’s role and powers
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
The matter Mr X, via his representative, complains about occurred in 2022. The representative says the Council told Mrs Y’s family in 2022 that some placements would require a top up fee and others would not, but did not offer any suitable placements for Mrs Y that did not require a top up fee.
Mr X is the executor of Mrs Y’s estate and says he was advised, on appointing a solicitor after Mrs Y’s death, that the Council should not have charged any top up in the circumstances.
The law says people must bring complaints to us within 12 months of finding out about the matter. While Mr X may not have had a detailed understanding of the law in 2022, the family were aware that some placements would require a top up fee and others would not. Before agreeing to pay a top up fee, the family had the opportunity to question why no alternative options were given and to seek advice. It was open to them to complain to the Council and then us about the top up fee they had been asked to pay.
We do not expect complainants to have a particular knowledge or understanding of councils’ specific duties in order to complain to us. Mrs Y’s family had sufficient knowledge at the time to complain that they were not happy to pay a top up fee. It would then have been for the Ombudsman to consider the relevant law and the Council’s duties. There is not a good reason for the delay in the matter being brought to the Ombudsman.
Final decision
We will not investigate Mr X’s late complaint because there is not a good reason for the delay in the matter being brought to the Ombudsman.
Investigator's decision on behalf of the Ombudsman