Summary: We will not investigate this complaint about the Council’s involvement with, or its actions relating to, Mr X being restricted visiting a relative at a care home in 2021. This is a late complaint, and I have not seen any good reasons why it could not have been made sooner.

The complaint

1. Mr X wrote to the Council in 2021 and outlined his concerns about a restriction on visiting relatives at a care home, during the Covid-19 lockdown period. Mr X was unhappy the Council was not taking enough action to ensure the care home, and others, complied with government guidelines.
2. Mr X also said he was concerned if he was unable to legitimately say he was visiting a relative, he may have been prosecuted under legislation prohibiting travel.

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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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X got in touch with the Council in early 2021 and asked it to explain how it ensured care homes in its area followed Government guidelines relating to visiting relatives. Mr X told the Council about how this was directly affecting him visiting a care home. The Council gave Mr X an explanation and then it had a brief written exchange with Mr X, where it set out its position.
7. We will not investigate this complaint, because it is late and there are no good reasons why Mr X could not have raised the substantive issues with us at the time.

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Final decision

8. We will not investigate Mr X’s complaint because it is late and there are no good reasons why it could not have been made sooner.

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Investigator's decision on behalf of the Ombudsman