The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council charging his late mother, Ms Y, for a care package. This is because the complaint is late and there are no good reasons why he did not complain to us sooner.
The complaint
Mr X complained the Council poorly communicated with him in relation to care charges for his late mother, Ms Y. He said the matter caused him distress and frustration. He wants the Council to acknowledge it acted with fault and cancel the outstanding charges.
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
In late 2022, the Council completed a care needs assessment with Ms Y as she required emergency care. Following this, it arranged for Ms Y to receive a care package in her home. Mr X said the Council told him Ms Y was entitled to some free care for a period of time. It said it would inform Mr X once Ms Y was required to pay for her care and it would provide him with options of suitable care providers.
In April 2023, Ms Y moved into a care home. Mr X said shortly after this, the Council sent him an invoice of outstanding care charges for the period between January and April 2023. Mr X was unhappy and so he contacted the Council and said it had not told him at the time when his mother was required to pay for her care. Mr X said he contacted the Council several times in 2023 to resolve the matter and that the Council poorly communicated with him. He said due to the Council’s lack of communication, he thought the outstanding care charges were no longer an issue until the Council contacted him in late 2025, demanding payment.
We will not investigate Mr X’s complaint. This is because the complaint is late. We expect people to complain to us within 12 months of becoming aware of the matter complained of. Mr X complains of matters which occurred in 2023 which is more than 12 months ago. There are no good reasons why he did not complain to us 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 to us sooner.
Investigator's decision on behalf of the Ombudsman