The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council failing to investigate a safeguarding allegation made against her family in relation to her late grandmother, Mrs Y and the Council’s decision to move Mrs Y into a care home. This is because the complaint is late and there are no good reasons why Mrs X did not complain sooner.
The complaint
Mrs X complained the Council: failed to investigate safeguarding allegations another person had made against her family regarding Mrs Y; moved her late grandmother, Mrs Y, into a care home against her wishes; and did not allow her or the family to visit Mrs Y.
Mrs X said it caused her and the family distress and they were not able to see Mrs Y for several years before she died. She wants the Council to acknowledge it acted with fault.
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 Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X said in 2019, an individual known to her grandmother made a safeguarding allegation against her family. Mrs X said the Council had considered the allegations were true without carrying out an investigation and speaking with her family.
Mrs Y was receiving care and support in her home. Mrs X said in 2022, the Council decided to move Mrs Y into a care home against her wishes and without proper consultation with the professionals involved with her care. Mrs X said she and her family were restricted from visiting Mrs Y in the Care Home.
We will not investigate Mrs X’s complaint. This is because the issues Mrs X complains of happened more than 12 months ago. Therefore, the complaint is late. There are no good reasons why Mrs X did not complain sooner and so we will not exercise discretion to investigate her complaint.
Final decision
We will not investigate Mrs X’s complaint because it is late and there are no good reasons why she did not complain sooner.
Investigator's decision on behalf of the Ombudsman