Summary: We will not investigate Ms X’s complaint about support provided to her relative, Ms Y, by the Council’s adult social care services. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains about the support provided by the Council’s adult social care service for her relative, Ms Y. She says the Council is not listening to Ms Y’s views, has not involving Ms Y’s family in decision making and did not take appropriate action in response to safeguarding concerns.

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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 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 there is not enough evidence of fault to justify investigating.

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

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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. Ms Y has care and support needs and has been known to the Council for many years. Until late 2023, Ms Y was supported by her mother, Ms Z, and a package of care support.
6. Following Ms Z’s death in late 2023, Ms X and other family members began to support Ms Y.
7. The Council reviewed Ms Y’s care and support needs in early 2024. Ms X was included in the review. The review included consideration of Ms Y’s ability to manage her finances and where she should live in the long term. It acknowledged that Ms Y wanted to stay in her current property but explained to her and Ms Y’s family that her current housing was being redeveloped, so Ms Y would need to move within the next 18 months.
8. Ms X complained the Council was not providing sufficient support, that it had had not responded to safeguarding concerns and that family were not being consulted in decision making.
9. In its complaint response to Ms X, the Council explained to how it had investigated the safeguarding concerns raised. It said the investigation had not found evidence of any financial abuse. It said it had recommended Ms Y have a financial appointee to manage her finances going forward and care was being provided in line with her care and support plan. It explained that decision making about where Ms Y should live long term was still ongoing and would be discussed with Ms Y and the family again in future reviews. The Council has told us a further meeting is planned for this month.
10. We will not investigate this complaint as there is insufficient evidence of fault. The Council has appropriately investigated the safeguarding concerns raised, reviewed Ms Y’s care and support and included Ms Y’s and her family’s views in the review process. The decision about Ms Y’s long-term housing appears to be ongoing and there is evidence the Council is including Ms Y, Ms X and the wider family in these discussions. There is insufficient evidence of fault to warrant an investigation.

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Final decision

11. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman