Summary: We will not investigate Mrs X’s complaint the Council failed to provide her with her mother’s complete care records. This is because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is insufficient evidence of fault.

The complaint

1. Mrs X complains the Council failed to provide her with her mother’s complete care records. She says she was only given incomplete information and has now been told the records were destroyed in a flood.

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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 or care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In August 2022 and January 2023, Mrs X asked the care home to provide a copy of her mother’s care records. She said she was only provided with some of the documents she requested.
7. The care home has confirmed Mrs X’s mother’s records were archived following her death. Her records were subsequently damaged when the care home suffered a flood. The care home confirmed it had no other copies and had not digitised the records.
8. If Mrs X was unhappy about the Council or care provider not providing her mother’s records promptly following her request in August 2022 or January 2023, she could have complained to us earlier. I do not consider there are any good reasons to exercise discretion to consider the late complaint.
9. Mrs X was only told about her mother’s records being destroyed in October 2024. Therefore, this complaint is not late.
10. However, an investigation is not justified as we are not likely to find fault. This is because the care provider confirmed it had kept Mrs X’s mother’s records securely after her death. I note the records were destroyed in a flood and I am satisfied this is not a matter the care provider or council could have foreseen.

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Final decision

11. We will not investigate Mrs X’s complaint because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman