Summary: We will not investigate this complaint about Mrs B’s placement, or the way Mrs D has been treated by staff. This is because we cannot achieve the outcome Mrs D wants.

The complaint

1. Mrs D complained that her aunt, Mrs B, is wrongly placed in a home because she has no dementia or nursing needs. Mrs D says this causing her sleepless nights and distress and she is being threatened with her job. Mrs D says she has been treated appallingly by council staff and does not want anyone else to have to go through the same experiences she has been through. Mrs D wants action taken against social workers involved with Mrs B’s case, the Council to respond to her complaints and learn from them.

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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)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

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

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My assessment

7. The Council says Mrs B lacks capacity to give Mrs D consent to act on her behalf. It said if Mrs D wants authority to act on behalf of Mrs B, she will need to apply the Court of Protection for Deputyship. We could not add to this point or make a finding on where Mrs B should live. If Mrs D disputes the Council’s decision that Mrs B is residing in an appropriate placement it will be for her to challenge this through the Court of Protection. The Court can decide in Mrs B’s best interests where she should live.
8. Mrs D complained about the way she has been treated by staff within the Council and Mrs B’s care home. The Council advised Mrs D it independently reviewed Mrs B’s care and placement, and although it could not share details with her, it was satisfied with the social work practice. It acknowledged there was a breakdown in the relationship between Mrs D and staff in the home, and explained although it could not involve her in discussions about Mrs B’s long-term placement, it offered her a named contact person who will ensure she is updated on developments.
9. We could not add to this. As previously advised, Mrs D will need to apply to the Court of Protection for Deputyship for Mrs B is she wants to be involved in the decision-making process about where Mrs B should live. We could not make a finding on how Mrs D has been treated by council or care staff when we were not there and did not observe what happened. In addition, we cannot provide Mrs D with the outcome she wants as we cannot comment on individuals staff members, her employment, or personnel matters.

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Final decision

10. We will not investigate Mrs D’s complaint because we could not make a finding of the kind Mrs D wants. It would be reasonable for her to ask the court to consider her application for deputyship so she can be involved in Mrs B’s care and where she should live.

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Investigator's decision on behalf of the Ombudsman