Summary: Mr X complains about the quality of domiciliary care provided to his late relative, Mr Y, in 2023. We will not investigate. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint has been made late and there are no good reasons to investigate.

The complaint

1. Mr X complains about aspects of the care provided to Mr Y in 2023. In particular, Mr X says, Mr Y was left on the floor, the agency accused the family of not providing sufficient care and that the service was terminated with only one weeks’ notice rather than the four-week period specified in their contract.
2. Mr X says he would like an apology and ‘damages’.

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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 provide a free service but must use public money carefully. We do not start or continue an investigation if we decide 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

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

My Assessment

8. I will not investigate as this complaint has been made late outside of our usual expectation that complainants raise their concerns within 12 months of becoming aware. While the complaint is only just out under the 12-month rule, I consider we are unlikely to achieve anything even if did decide to investigate.
9. I have read the Care Agency’s robust response. It says it may withdraw immediately when the situation becomes dangerous, and it could not provide the extra carers needed for Mr Y’s care. It also said carers had arrived to find Mr Y on the floor and the family left him until the carers turned up. It said it had recorded these occasions for Mr X’s information. It also said its agency had gone over and beyond when looking after Mr Y and it could no longer safely do so.
10. Overall, I consider this complaint has been made late and there are no good reasons to exercise discretion to investigate as we are unlikely to achieve anything worthwhile.

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Final decision

11. We will not investigate Mr X’s complaint because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint lies outside our jurisdiction as it has been made late and there are no good reasons to exercise discretion to investigate.

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Investigator's decision on behalf of the Ombudsman