Summary: We will not investigate this complaint about communication about a relative’s adult social care needs and support. The Council is committed to continue corresponding with the complainant so it is unlikely an investigation would achieve a different or worthwhile outcome. There may have been some gaps in communication, but the injustice caused by this does not justify an Ombudsman investigation.

The complaint

1. Mr C says the Council is not properly communicating with him about his relative, Ms D’s, care support. This is causing stress and anxiety for Mr C as he does not know what action to take, if anything.

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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:

• any fault has not caused significant enough injustice to the person who complained to justify our involvement, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(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. The Council has assessed Ms D does not have capacity to manage her property and affairs, or her health and welfare. The Council has applied to the Court of Protection to appoint a professional deputy for property and finances.
6. The Council has communicated with Mr C and says it continues to do so, with the last contact being in February. There may have been some gaps in communication, but I do not consider that causes a significant enough injustice to justify an Ombudsman investigation. It is also unlikely we could achieve anything further as the Council says it is communicating with Mr C. We cannot achieve the outcome Mr C wants of a different member of staff working on the case. That is for the Council to decide.
7. If Mr C wants to challenge any decisions made about Ms D’s care support, or if he would like to be deputy for property and finances and/or health and welfare, then he can take those matters to the Court of Protection.

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Final decision

8. We will not investigate Mr C’s complaint because there is not enough injustice to justify us investigating. It is also unlikely we would achieve a different or worthwhile outcome. The Council says it is communicating with Mr C and is committed to continue doing so.

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Investigator's decision on behalf of the Ombudsman