Summary: Mr X complains the Council failed to communicate with him about his partner’s care, and placed restrictions on him visiting his partner in a care home. Mr X also complains the Council provided inaccurate information about him to the courts to revoke lasting power of attorney (LPA). We will not investigate Mr X’s complaint about communication and visiting, as it is late and we see no good reason to investigate it now. Furthermore, we will not investigate Mr X’s complaint about the LPA as there has been court involvement in this matter.

The complaint

1. Mr X complains that Norfolk County Council (the Council) failed to communicate with him properly about his partner’s care, and placed unfair restrictions on him when he wanted to visit his partner in a care home. Mr X said this caused him distress and frustration.
2. Mr X further complains the Council provided inaccurate information which led to lasting power of attorney (LPA) being revoked.
3. Mr X wants the Council to change the rules around visiting. He also wants the LPA decision to be changed.

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The Ombudsman’s role and powers

4. 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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. 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)
6. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

7. I considered information provided by Mr X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr X’s complains the Council did not communicate with him about his partner’s care in 2018, and placed restrictions on him visiting his partner. In 2019, Mr X complained to the Council about these matters, and the Council responded. Therefore, Mr X was aware of the problem and had received a response more than 12 months ago. Mr X said it took him a long time to complain to us because he had trouble obtaining a response from the Council. While he received further responses from the Council in 2023 and 2024, I have seen no good reason why Mr X could not have complained to us after he received the initial response in 2019.
10. Regarding Mr X’s complaint that the Council provided incorrect information about him in relation to the LPA, Mr X said he found out about problems with this in March 2020. Mr X disputes the LPA assessment decision, which is a matter for the courts. Therefore, we will not investigate this matter.
11. Should Mr X wish to complain about the service provided by the court, he can complain to the Parliamentary and Health Service Ombudsman.

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Final decision

12. We will not investigate Mr X’s complaint about the Council for the reasons set out in the Assessment section, above.

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Investigator's decision on behalf of the Ombudsman