The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council harassing her and her late mother in relation to them not accepting its package of care. This is because her complaint is late and there are no good reasons why she did not complain sooner.
The complaint
Ms X complained the Council harassed her and her late mother, Mrs Y, for several years in relation to her and her mother not accepting its package of care. Ms X said it caused them distress. She wants the Council to acknowledge it acted with fault and review its service to prevent a recurrence of 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 Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X said in early 2021, her mother experienced an injury which required her to need support with her activities of daily living. Ms X said she became her mother’s carer and so did not require any support from the Council however, the Council contacted Ms X and her mother and continuously did so until early 2024.
We will not investigate Ms X’s complaint. This is because the complaint is late. We expect people to complain to us within 12 months of them becoming aware of the matter complained of. Any complaint made after 12 months is late. There are no good reasons why Ms X did not complain to us sooner.
Final decision
We will not investigate Ms 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