Summary: We will not investigate this late complaint about the Council’s decision-making process when it moved Mr X’s mother into a care home. There is not a good reason for the delay in bringing the matter to the Ombudsman.

The complaint

1. Mr X complained about the Council’s decision to move his mother (Ms Y) into a care home and the social worker’s approach towards him. He felt he was treated unfairly in the process and his views were not taken into account, with the Council instead siding with other family members. He says the matter has caused him significant distress.

Back to top

The Ombudsman’s role and powers

2. 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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The Council considered a move accommodation for Ms Y in 2021 after concerns were raised about whether her needs could be met at home. Mr X says the Council consulted his other family members about the decision but did not take his view into account. Ms Y moved into a care home and died before the Council had issued a final response to Mr X at the end of 2022.
7. The other issues included in Mr X’s complaint to the Council were about the social worker’s approach towards him up to August 2022. The law says people must bring complaints to us within 12 months of becoming aware of the matter, unless there are good reasons.
8. I have considered Mr X’s grief and other matters he has told us about that could impact his ability to complain. However, Mr X had a final response from the Council, signposting him to the Ombudsman, in November 2022. There was a delay of 11 months following this before his complaint to the Ombudsman, and there is not a good reason to explain this length of delay.
9. In any event, if we decided to investigate this complaint, I do not believe we could achieve a worthwhile outcome for Mr X. His mother passed away in 2022 and we could not now change the outcome of events.

Back to top

Final decision

10. We will not investigate Mr X’s late complaint because there is not a good reason for the delay in him complaining to us.

Back to top

Investigator's decision on behalf of the Ombudsman