Summary: We will not investigate this late complaint about delays in the Council issuing an invoice for care. There is not a good reason for the delay in Mrs X bringing the matter to the Ombudsman.

The complaint

1. Mrs X complained the Council sent an invoice for care charges a year after the respite it related to, and only days after her mother, Mrs Y, had died. She said the Council had never responded to her requests in 2022 to carry out a financial assessment. Mrs X said the matter caused her significant distress. She wanted the Council to cancel the invoice.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X received an invoice from the Council in August 2023, several days after Mrs Y had died. The invoice related to a period of respite care that took place in 2022.
6. Mrs X complained to the Council. It issued a final complaint response in October 2023, signposting her to the Ombudsman for further escalation. Mrs X contacted us in December 2024.
7. The law says people must bring complaints to us within 12 months of becoming aware of the matter. I have accounted for some natural delay due to grief. However, Mrs X complained to the Council, and she could also have contacted us in late 2023. There is not a good reason for the subsequent delay.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman