The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council investigated safeguarding concerns in relation to his late father. This is because Mr X’s complaint is late and there are no good reasons why he did not complain sooner.
The complaint
Mr X complained the Council did not take appropriate action in relation to his late father, Mr Y, to protect him from abuse. He said it negatively affected the family as they were restricted from visiting Mr Y. He 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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X said in 2019 and 2020, a nurse and the Office of the Public Guardian raised concerns in relation to his late father, Mr Y, experiencing abuse from his advocates. He said the Council failed to properly investigate the concerns under a safeguarding investigation.
We will not investigate this complaint. This is because Mr X complained of matters which occurred between 2019 and 2020 which is more than 12 months ago. The complaint is therefore late. There are no good reasons why Mr X did not complain sooner.
Final decision
We will not investigate Mr X’s complaint because it is late and there are no good reasons why he did not complain sooner.
Investigator's decision on behalf of the Ombudsman