Summary: We will not investigate this complaint about the Council’s decision to agree a residential care home placement for the complainant’s father. This is because an Ombudsman investigation would not be the appropriate way for her to get the outcome she wants.

The complaint

1. The complainant, Mrs B, complained about the Council’s decision to agree a residential care home placement for her late father, Mr C.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates 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 or may decide not to continue with an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.
5. Mrs B has had an opportunity to comment on my draft decision. I considered her comments before making a final decision.

Back to top

My assessment

6. Mrs B told us she thinks inexperienced social workers reacted to the needs of Mr C’s wife rather than to Mr C’s needs. She said Mr C’s wife did not hold Lasting Power of Attorney and so should not have been allowed to make decisions for her husband that helped her and detrimentally affected him.
7. Mrs B said she and her family experienced extreme distress at seeing Mr C subjected to neglect in the care home. She told us she feels she has been ignored and fobbed off. She told us she now requires not only an admission of culpability for Mr C’s neglect in the care home and subsequent death but also compensation for the pain and distress caused to Mr C for his placement in the care home and ultimately for his death.
8. It is no longer possible to remedy the injustice to Mr C as he has passed away. A court of law is the appropriate body to adjudicate on whether there was negligence, to attribute blame for Mr C’s death and to decide compensation issues. An Ombudsman investigation would not the appropriate way for Mrs B to get the outcome she wants. We cannot rule on whether the Council’s actions caused Mr C’s death.

Back to top

Final decision

9. We will not investigate Mrs B’s complaint because an Ombudsman investigation would not be the appropriate way for her to get the outcome she wants.

Back to top

Investigator's decision on behalf of the Ombudsman