Summary: We will not investigate this complaint about the Council’s actions regarding its decision to move Ms B or its delay in providing Ms B’s representatives with a response to the complaint. This is because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation. The Council has now responded and further investigation by us could achieve no more.

The complaint

1. Ms B’s representative and advocate complained the Council attempted to move Ms B without undertaking appropriate risk assessments and without considering her wellbeing and human rights. Ms B’s representative says without their intervention the Council would have moved Ms B and says this would have impacted on her. Ms B’s representative is concerned even consideration of an urgent move, may have caused her distress. Ms B’s representative was also concerned the Council had not responded to a complaint about this issue.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council apologised for the delay in responding to the complaint.
6. It explained the rationale behind the decision to move Ms B urgently. It says the planned move has been put on hold while it gathers more information and engages an Independent Mental Capacity Advocate (IMCA). The Council has explained it has put additional measure in place to mitigate the risks to Ms B and other residents until such time the move goes ahead. There is not enough evidence of fault with the actions taken by the Council to warrant us investigating and could achieve no more than the Council has explained even if we did.

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Final decision

7. We will not investigate this complaint because we could not add to the Council’s response or make a different finding.

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Investigator's decision on behalf of the Ombudsman