Summary: We will not investigate this late complaint about Mrs Y’s care charges. There is not a good reason for the delay in Mr X bringing the complaint to us.

The complaint

1. Mr X complained about the Council’s lack of involvement in his mother’s (Mrs Y’s) care charges. He said Mrs Y paid for her own care, and the Council never advised while she was alive that she may have been entitled to financial help despite having been involved with reablement for Mrs Y in 2021. Mr X said the Council later requested repayment after having provided some support with finances.
2. Mr X said the matter has caused significant stress for him and for his brother, who lives in Mrs Y’s property. He said he wanted the Council to backdate contributions to Mrs Y’s care costs to April 2022.

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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. Mr X complained to the Council in June 2023. It issued a final complaint response to Mr Y in December 2023, which signposted him to the Ombudsman for further escalation if he remained unhappy. Mr X further discussed the matter with the Council in 2024 and complained to us in November 2024.
7. The law says people must complain to us within 12 months of becoming aware of the matter. Mr X was aware of the matter by June 2023. The Council’s final response of December 2023 provided Mr X with our contact details. I have accounted for some natural delay in bringing the matter to us, given Mrs Y’s death in early 2024. However, given that Mr X held further discussions with the Council I have no reason to believe he could not also have complained to us sooner. There is not a good reason for the delay in him bringing the matter to us.

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Final decision

8. We will not investigate Mr X’s late complaint because there is not a good reason for the delay in him bringing the matter to the Ombudsman.

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Investigator's decision on behalf of the Ombudsman