Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s removal of her adult daughter from her home in 2018 and the current care arrangements. Mrs X complains late about earlier events and her daughter has not consented to a complaint about her care.

The complaint

1. Mrs X complains that in March 2018 the Council removed her adult daughter, Miss Y, from her care since when she has not had contact with her.
2. Mrs X complains that the Council has not properly assessed the needs of her daughter, that her daughter has been allowed out alone from her supported living placement, and that the care plan for greater independence is not appropriate.

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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)
4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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How I considered this complaint

5. I have considered Mrs X’s comments, information and discussed the complaint with her by telephone. The information includes the Council’s detailed reply to her complaint dated 11 July 2019.

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What I found

6. In March 2018 the Council’s social worker and Miss Y’s advocate visited Mrs X’s home and removed Miss Y, or supported her departure, to a supported living facility which encourages independence. Mrs X says that since then she has had: ‘no contact whatsoever’ with her daughter. She tells me she has not wanted to see Miss Y. Mrs X says her complaint is about ‘the way it was done’. She says she is complaining late to the Ombudsman because of the time the Council took to deal with her complaint. I invited Mrs X to provide evidence of her communications with the Council which she has not done.
7. Mrs X tells me she does not object to Miss Y being in residential care. She says Miss Y’s father sees her every fortnight.
8. The Council says in late 2017 safeguarding allegations were made which it did not pursue very far at the request of Miss Y. It says Miss Y has capacity and expresses her views. It says although social workers will be asked to do what they can to rebuild the family relationship Miss Y will need to agree and want contact.

Analysis

9. I will not investigate this complaint for the following reasons:
10. Mrs X complaint about events before September 2018 is outside the Ombudsman’s jurisdiction on the 12 month rule (see paragraph 3 above). This includes the safeguarding issues and the departure of Miss Y from the family home.
11. I will not exercise discretion to investigate the complaint because Mrs X could have complained to the Ombudsman sooner. Mrs X has not provided evidence that the delay in complaining is due to the Council.
12. We do not have a complaint from Miss Y, or a consent for Mrs X to deal with a complaint on her behalf, about her care arrangements. Mrs X is not a suitable person to make a complaint on Miss Y’s behalf because she has not had contact with her since March 2018. There is another relative who see Miss Y and could complain should the need arise.
13. Mrs X may disagree with the plan for her daughter but that does not cause her injustice.

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Final decision

14. The Ombudsman will not investigate Mrs X’s complaint about the Council removing her adult daughter from her home in 2018 and the current care arrangements. Mrs X complains late about earlier events and her daughter has not consented to a complaint about her care.

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Investigator's decision on behalf of the Ombudsman