Summary: We will not investigate Miss X’s complaint that her mother was neglected by her care home. This is because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint.

The complaint

1. Miss X complains her mother was neglected by her care home as she fell several times and lost significant weight. Miss X considers this neglect led to her mother’s death.

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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. Miss X’s mother’s care placement was commissioned and funded by the Council. The matters Miss X complains about happened in 2022 and 2023. This means her complaint is late.
6. The evidence suggests Miss X did not complain to us earlier as she was pursuing a legal claim against the care home. It also appears she has only complained to us now because her legal claim was unsuccessful.
7. I am satisfied there are no good reasons to exercise discretion to consider this late complaint. This is because Miss X was clearly aware of her concerns at the time and could have complained to us earlier.

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Final decision

8. We will not investigate Miss X’s complaint because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint.

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Investigator's decision on behalf of the Ombudsman