Summary: We will not investigate Mrs X’s about her late mother’s care home fees. The complaint is late and we have seen no good reason why Mrs X could not have come to us sooner.

The complaint

1. Mrs X complains the Council misinformed her about top-up fees and a free six week period in a care home for her late mother.
2. Mrs X says that as a result, she has been caused frustration and has been asked to pay top-up fees she does not owe.

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The Ombudsman’s role and powers

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.

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My assessment

6. Mrs X became aware of the matters she complains about in July 2023. She complained to the Council in August and received its response in September 2023. Mrs X did not pursue the matter with the Council until August 2024 and then came to us in October.
7. Mrs X had been aware of the matters she complains about for 15 months before she came to the Ombudsman. This means her complaint is late. We have discretion to disapply the rule outlined in paragraph 3 where we decide there are good reasons. Mrs X has not provided any good reasons why she did not bring her complaint to us within 12 months of knowing about the matter. Therefore, I will not exercise discretion and investigate.

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Final decision

8. We will not investigate Mrs X’s complaint because it is late and I can see no good reason why I should exercise my discretion and investigate.

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Investigator's decision on behalf of the Ombudsman