Cornwall Council (23 018 769)
Category : Adult care services > Safeguarding
Decision : Closed after initial enquiries
Decision date : 28 Feb 2024
The Ombudsman's final decision:
Summary: We will not exercise discretion to investigate this complaint about safeguarding issues raised from 2019 - 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
The complaint
- Mr X says the Council has failed to carry out a ‘retrospective assessment’ on how a relative came to be under the coercive control of other people.
- Mr X says the Council wrongly treated the matter as a ‘family dispute’ rather than focusing on his relative’s wellbeing and vulnerabilities.
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 the information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X raised his concerns from 2019 saying his relative was under the coercive control of other individuals. In May 2021 the Council advised it had investigated his concerns but did not find that safeguarding enquiries under s42 of the Care Act were warranted. It advised Mr X throughout that it found no evidence to substantiate his concerns.
- Mr X did not submit a new complaint to us until this month. This is more than 12 months since he became aware of the matters complained about. There is no evidence to suggest that Mr X could not have complained to us sooner.
Final decision
- We will not exercise discretion to investigate this complaint about the Council’s responses to Mr X’s concerns about his relative from 2019 to 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner than he has done.
Investigator's decision on behalf of the Ombudsman