The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decisions relating to adult social care charges for Mr Y. This is because the complaint is late and there are no good reasons to exercise discretion to consider it now.
The complaint
Mr X complained about the Council’s charging related to adult social care fees, for his father, Mr Y. Mr X said he had not received previous notifications of the charges. Mr X said this caused distress.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X was unhappy when he found out about charges associated to adult social care services, his mother and Mr Y had incurred. He met with the Council in June 2024 and then subsequently complained. The Council issued its Stage One response in July 2024. Mr X then complained to the Ombudsman in September 2025.
The time limit for bringing complaints runs from when someone becomes aware of the issue they wish to complain about, not from when they complain to the Council or receive a final response. We expect people to complain to us within a year, even if they are unhappy with delays in the Council’s complaints process.
I will not investigate this complaint because it is late, and I have seen no good reasons why Mr X did not approach us earlier, once he had the Council’s decisions on this matter.
Final decision
We will not investigate Mr X’s complaint because it was a late complaint and there are no good reasons to exercise discretion to consider it now.
Investigator's decision on behalf of the Ombudsman