Summary: We will not investigate Mrs X’s complaint about the Council placing her late relative, Mr Z, in accommodation that Mrs X says was unsuitable for Mr Z’s needs. This is because it does not meet the tests set out in our Assessment Code. Mrs X has made her complaint late and an Ombudsman investigation is unlikely to add to the Council’s investigation or achieve anything worthwhile.

The complaint

1. In summary, Mrs X says her late relative, Mr Z, was left isolated in an unsuitable property in one room due to the property not being wheelchair accessible. She says his mental and physical health was adversely affected.
2. Mrs X remains concerned that her complaints were not addressed comprehensively. She says her relative was unfairly treated by the Council and she would like to ensure no one else is treated the same way.

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The Ombudsman’s role and powers

3. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. 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)
5. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
6. We do not start an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

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

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My assessment

9. Mr Z was decanted from his extra care supported housing unit in 2021 while his accommodation was refurbished to meet fire regulations. He was temporarily moved to a third-floor sheltered housing flat that Mrs X describes as unsuitable for his needs. Sadly, Mr Z died in 2023 while he was still living in the temporary property.
10. The Council’s complaint responses show it agreed the hallway in the temporary property was too narrow to manoeuvre Mr Z’s wheelchair. It mentioned that Mr Z used a specialist wheelchair that exceeded standard door openings. It advised it was actively looking for other types of accommodation including in the private rented sector, but it was difficult to find a suitable property given Mr Z’s needs. It said it would continue looking.
11. The Council also said Mr Z had been assessed as needing 24-hour care to meet his needs, but he had turned down this option. It mentioned it had referred Mr Z for mental health support but sometimes it found he did not engage with services. But it was willing to offer this again and also offered a respite stay if Mr Z agreed.
12. We will not investigate. I consider the complaint is caught by the time bar on the Ombudsman’s powers. Mrs X could have complained to us anytime from 2021 onwards when she became aware of the matters she is now raising. Instead, she complained in November 2024, nearly a year after Mr Z had died, and a year after the Council’s complaint response.
13. I do not see good reasons to exercise discretion to investigate given it is unlikely we would be able to add to the Council’s investigation or add anything worthwhile.

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Final decision

14. We will not investigate this complaint as it has been made late and I do not see good reasons to exercise discretion. We are unlikely to add to the Council’s investigation or add anything worthwhile.

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Investigator's decision on behalf of the Ombudsman