Summary: We will not investigate this complaint about the standard of support from the adult social care team to Mr Y’s late relative, Mr X. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is late and there are no good reasons to exercise discretion to investigate now.

The complaint

1. In short, Mr Y complains about insufficient support provided to his late relative, Mr X in connection with Mr X’s social care needs.
2. Mr Y says the Council’s failings encompass cover care planning, risk/mental capacity assessments, unhelpful staff, family wishes being ignored, the adequacy of care agencies, failing to refer Mr X for a CHC assessment and not recording his calls to the Council.
3. Mr Y says that, because of the Council’s neglect, Mr X’s health deteriorated. Mr Y also considers the stress experienced by his whole family due to caring for Mr X in the family home has adversely affected the health of the whole family including his own. Mr X wants this acknowledged and for him to receive compensation.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
5. 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

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

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My assessment

7. Mr Y’s complaint matters start from 2021 when his relative’s health deteriorated, and he asked the Council for help. Mr Y says his complaint was resolved in 2023 when the Council placed Mr X in a care home.
8. Mr Y did not complain to us until 2024, over a year after his complaint was resolved. I consider Mr Y’s complaint is late and caught by the time bar on the Ombudsman’s powers so we will not investigate.
9. I have considered Mr Y’s reasons for not complaining earlier. Mr Y says he was not able to due to his ill-health caused by the stress of dealing with these matters. It would only have taken one phone call or visit to our website make a complaint in time.
10. I should also explain that it is the Court of Protection that deals with decision-making for adults who may lack capacity to make specific decisions for themselves. The Court of Protection may need to become involved in difficult cases or cases where there is disagreement which cannot be resolved in any other way. The Court of Protection:

• decides whether a person has capacity to make a particular decision for themselves;
• makes declarations, decisions or orders on financial or welfare matters affecting people who lack capacity to make such decisions.

11. A key issue in Mr Y’s complaint appears to be his strong disagreement with the Council’s assessments that Mr X had the mental capacity to decide to stay at home. Mr Y complains the Council ignored his preference for Mr X to go into a home earlier than he did. But an investigation by us would not be able to resolve this as only the Court of Protection (CoP) can decide if a person has the capacity to make a particular decision. It would have been reasonable to expect Mr Y to refer the matter to the CoP if he considered the matter could not be resolved in any other way.
12. Finally, we would not be able to recommend compensation for or link any illnesses suffered by Mr Y or his family to the Council’s actions. Only a court can do this and Mr Y can seek legal advice if he wishes to pursue a personal injury claim.

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Final decision

13. We will not investigate Mr Y’s complaint because it is late and there are no good reasons to exercise discretion to investigate now.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman