Summary: We will not investigate this complaint about the Council’s alleged failure to consult with Mrs X’s mother’s family before placing her in a care home. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Mrs X complains the Council did not consult her or her family before placing her mother Mrs Y in a nursing home. She said this has caused her distress and upset.

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:

• there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6))

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Following a hospital stay the Council carried out an assessment for Mrs Y. The Council found Mrs Y was suffering with dementia and needed support with her personal care. The assessment recorded Mrs Y’s son was her representative and told the Council he was unable to support Mrs Y at home. The Council arranged for Mrs Y to move into a nursing home which could meet her needs.
7. Mrs X wants us to find the Council at fault for failing to consult with Mrs Y’s family before supporting Mrs Y to move into the nursing home. The evidence shows the Council consulted Mrs Y’s son and he was in agreement for the move to take place. There is no evidence of fault in how the Council carried out the assessment or in its decision to place Mrs Y with a care provider who could meet her needs.

Back to top

Final decision

8. We will not investigate Mrs X’s complaint because we would be unlikely to find fault with the Council’s actions.

Back to top

Investigator's decision on behalf of the Ombudsman