The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council commissioned Care Home providing poor care and support to her late husband, Mr X. 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’s commissioned Care Home provided poor care to her late husband, Mr X. She said it caused her distress. 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
Mr X started his residential placement at the Care Home in December 2023. Mrs X had concerns about the care and support it provided to her husband between December 2023 and April 2024. As part of her complaint to the Council, Mrs X said the Care Home: did not share Mr X’s care and support plan with her; poorly supported Mr X with his mobility needs; poorly supported Mr X with his skin integrity; did not check whether Mr X’s hearing aids were working properly; provided Mr X with poor personal care; poorly supported Mr X with his fluid intake; and failed to protect Mr X’s dignity.
We will not investigate Mrs X’s complaint. This is because the complaint is late. We expect people to complain to us after complaining to the council, 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 Mrs X did not complain to us sooner.
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