Summary: We will not investigate Mrs X’s complaint about the handling of her mother’ Mrs Y’s, discharge from hospital in October 2022. This is because the complaint is late, and we have not seen a good reason to consider it now.

The complaint

1. The complainant, Mrs X, is complaining about the care provided to her mother, Mrs Y, by Nottinghamshire County Council (the Council) and Sherwood Forest Hospitals NHS Foundation Trust (the Trust).
2. Mrs X is complaining about the handling of Mrs Y’s discharge from hospital in October 2022. She says Mrs Y was discharged without an appropriate package of care and that she was not provided with the necessary equipment. In addition, Mrs X says communication with the family around the discharge was poor.
3. Mrs X says this left Mrs Y without appropriate care and support in the community.

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The Ombudsmen’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. We use the word ‘fault’ to refer to these. If there has been fault, we consider whether it has caused injustice or hardship (Health Service Commissioners Act 1993, section 3(1) and Local Government Act 1974, sections 26(1) and 26A(1), as amended).
5. We cannot investigate late complaints unless we decide there are good reasons to do so. A complaint is late if someone takes more than 12 months to complain to us 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 considered evidence provided by Mrs X, the Council and the Trust. I also considered relevant law, policy and guidance.
7. I invited Mrs X’s comments on my draft decision statement and considered her response.

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What I found

Background

8. Mrs Y was discharged home from hospital with a package of care visits in October 2022.
9. Later that month, Mrs X spoke to the Council’s duty team. She said the family had not been informed about the discharge plans and raised concerns about Mrs Y’s package of care.
10. Mrs Y was readmitted to hospital on at the end of the month. She remained in hospital until her death in November.
11. Mrs X complained to the Trust in September 2023. Some of the issues she raised related to health care and others to social care. As a result, the Council and Trust decided to provide separate responses.
12. The Council responded to the complaint in October 2023. The Trust eventually responded to the complaint in April 2024.
13. Mrs X remained dissatisfied with the responses to her complaint and approached the Ombudsmen in May 2024.

My analysis

14. Mrs X is complaining about the handling of Mrs Y’s discharge from hospital in October 2022. She first submitted her complaint to the Ombudsmen in May 2024. This was over 18 months after she became aware of the events she is complaining about. Mrs X’s complaint is late, therefore.
15. The case records show Mrs X did not submit a complaint to the Council and Trust until September 2023. This was around 11 months after the events she is complaining about took place. This is a significant delay.
16. We cannot investigate late complaints unless we consider there are good reasons to do so.
17. In this case, it is understandable Mrs X felt unable to pursue a complaint immediately following Mrs Y’s death. This would have been a very difficult time for Mrs X and her family.
18. When I spoke to Mrs X, she explained that she acted as executor of Mrs Y’s estate. Mrs X said this was a very complex process and that she felt unable to pursue a complaint at the same time. Mrs X also said she remained in full time work at that point.
19. In response to my draft decision statement, Mrs X also explained that her home was burgled shortly after Mrs Y’s death. Mrs X said this caused damage to the property and that, in addition to the grieving period, she was required to deal with the consequences of the burglary.
20. I accept the factors Mrs X refers to would have made the process of complaining more difficult, particularly during the period immediately following Mrs Y’s death.
21. However, it took Mrs X almost a year to submit her first complaint to the Trust. In my view, the factors Mrs X describes do not adequately explain such a significant delay. I consider it would have been reasonable to expect Mrs X to complain to us sooner than she did. Over two years have now passed since the events occurred and I have seen no good reason to investigate the complaint at this late stage.

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Decision

22. We will not investigate Mrs X’s complaint. This is because we received the complaint outside the normal 12-month period for investigating complaints. We have seen no good reason to consider the complaint now.

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Investigator's decision on behalf of the Ombudsman