Summary: We will not investigate this complaint about adult social care planning. We are satisfied with the Council’s actions to accept fault and learn from the complaint. It is unlikely we would add to the Council’s investigation or achieve a different outcome.

The complaint

1. The Council took almost two years to investigate poor support planning for Mr B. This prolonged and added to the distress of Mr B’s family following Mr B’s death. Ms C complains on behalf of the family and says the investigation report is not accurate and wants the issues reinvestigated.

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The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

3. Ms C has consent from Mr B’s personal representative, so we have accepted Ms C as a suitable representative.
4. We investigate 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 continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

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

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My assessment

8. The Council was responsible to meet Mr B’s adult social care needs. The Council has investigated concerns about how it assessed Mr B’s needs and planned his support. The Council found fault meaning Mr B moved to residential care when he needed nursing care. This meant Mr B was quickly back in hospital and then the care home refused to have him back. Mr B died shortly after.
9. The Council has completed a thorough investigation, looking at available case records evidence and speaking with relevant people. It is unlikely the Ombudsman could add to this investigation. We are satisfied with the Council’s actions to remedy the complaint, by improving practice.
10. Mr B has died, so the Ombudsman can provide no personal remedy for the impact on Mr B caused by the Council’s fault.
11. Ms C is unhappy with the way the Council dealt with her complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately even though I understand it caused Mr B’s family distress.

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Final decision

12. We will not investigate Ms C’s complaint because we are satisfied with the Council’s actions to accept fault and learn from the complaint. It is unlikely we would add to the Council’s investigation or achieve a different outcome.

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Investigator's decision on behalf of the Ombudsman