Summary: The Ombudsman cannot consider a complaint about a Council’s actions in relation to safeguarding procedures and accommodation support because it is late.

The complaint

1. Mrs D complains on behalf of her son, Mr E about the actions of South Tyneside Council (the Council). She complains about the Council’s:
• failure to communicate with her about Mr E’s care
• failure to invite family to a safeguarding strategy meeting in 2019 or communicate the outcome;
• reluctance to arrange a supported living placement for Mr E.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant had the opportunity to comment on a draft of my decision statement.

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My assessment

7. Mrs D complained to the Council in May 2019 about communication around a safeguarding strategy meeting and what she felt was the Council’s reluctance to arrange alternative accommodation for Mr E.
8. The Council responded to Mrs D in September 2019. Mrs D made no further contact with the Council. However she was pursuing other complaints about Mr E’s mental healthcare with the NHS. Mrs E raised concerns about accommodation with the NHS Trust, but it clarified in a response in October 2019 that this was the Council’s responsibility. Further correspondence with the NHS Trust related to its clinical decision making and care management about Mr D’s care.
9. Mrs E did not make any further complaints to the Council and she did not bring her complaint to the Ombudsman until after September 2020. I have seen no reason that would have prevented Mrs E from bringing the complaint about the Council to the Ombudsman sooner.

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Final decision

10. We will not investigate this complaint about the Council because it is late and there are no good reasons to consider it now.

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Investigator's decision on behalf of the Ombudsman