Summary: We will not investigate Mr X’s complaints, on behalf of his mother, Mrs Y, about Gloucestershire County Council and Gloucestershire Health and Care NHS Foundation Trust. Mr X should have complained to us sooner.

The complaint

1. Mr X complains about the actions of Gloucestershire County Council (the Council) and Gloucestershire Health and Care NHS Foundation Trust (the Trust) following his mother’s, Mrs Y, discharge from hospital in 2021. Specifically, he says:
• The Trust decided Mrs Y was eligible for the Home First pathway, but there is no evidence to decide who is eligible for that.
• The Trust and Council should have carried out a Mental Capacity Assessment on admission to find out if Mrs Y could decide where she wanted to live.
• The Trust and Council did not involve him in her care and support. They ignored his role as Lasting Power of Attorney for her health and well‑being.
• The Trust and Council ignored Mrs Y’s view she was scared to return home.
• The Trust’s reablement plan did not consider Mrs Y’s physical limits. It was not based on facts; it did not consult with him or share the plan with the family.
• The Trust and Council did not identify Mrs Y’s night-time needs during their assessments.
• There was a lack of joint working between the Trust and Council. Mr X did not know what their responsibilities were under the Home First pathway, or who to contact to discuss his mother.
2. Mr X says his mother and the family suffered significant distress.
3. Mr X also complains about the Council’s management of his complaint. He says:
• No one spoke to him to understand his complaint.
• The process was biased as people involved in the complaint responded to his concerns.
• Its response was not robust and did not address his concerns.
• It significantly delayed providing its response.
4. Mr X says that was frustrating and caused him time and trouble.

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The Ombudsmen’s role and powers

5. The Ombudsmen cannot investigate late complaints unless they decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to the Ombudsmen about something an organisation has done. (Local Government Act 1974, sections 26B and 34D, as amended, and Health Service Commissioners Act 1993, section 9(4).)

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How I considered this complaint

6. I have considered information Mr X has provided in writing and spoke to him on the telephone. Mr X had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

7. After a stay in hospital, in August 2021 the Trust discharged Mrs Y to an intermediate care centre (the ICC). The Trust decided Mrs Y was eligible for its Home First pathway. That meant an Occupational Therapist, Physiotherapist (for the Trust) and a Social Worker would assess Mrs Y’s needs at the ICC to decide what support she would need to return home.
8. Mrs Y and Mr X were unhappy with the plan to send her home. So, the family decided to privately fund a place at a care home which provided 24-hour support. The ICC discharged Mrs Y to that care home in mid-September 2021.
9. Mr X complained to the Council in July 2022. It provided a joint response (on behalf of the Trust) in January 2023. A month later, Mr X raised concerns about the Council and Trust’s joint response. The Council sent its final response and referred Mr X to the Local Government and Social Care Ombudsman (LGSCO) in early March 2023. Mr X approached LGSCO 18 days later.
10. I consider this complaint is late. Mr X should have complained to us about the Council and Trust sooner than he did. He did not complain to the Council until July 2022 and approached the Ombudsman 12 months after the event.
11. Mr X told me he took longer than 12 months to complaint to us for two reasons.
12. First, he said he had to research the issues he wanted to complain about, such as the Care Act. Also, he shared draft versions of his complaint with his family to check before sending it to the Council. I understand Mr X wanted to make sure his complaint was well researched and robust. However, I am not persuaded that justified an 11-month delay complaining to the Council.
13. Second, Mr X said the Council took six months to investigate his complaint after July 2022. I understand that took longer than expected. However, had Mr X complained to the Council sooner than he did, then he could have approached the Ombudsmen within 12 months from August 2021 even with the Council’s delays. Overall, I am not persuaded Mr X has provided good reasons he took so long to complain to the Ombudsmen.

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Final decision

14. I will not investigate this complaint. Mr X should have complained to us about the Council and Trust sooner than he did.

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Investigator's decision on behalf of the Ombudsman