Summary: We will not investigate Mr X’s complaint about the Council’s decision his mother should remain in residential care. The Council investigated Mr X’s concerns and apologised that communication with him and his brother was not better. We could not add to the Council’s response by investigating.

The complaint

1. Mr X complains about his mother, Mrs Y’s transfer to residential care. Mr X says he and his brother who mainly cared for their mother were not properly consulted. He says the Council ignored his mother’s wish to return home and his complaints.

Back to top

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 we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant.

Back to top

My assessment

4. The Council responded to Mr X complaint which included the concerns summarised in paragraph 1 above. The Council noted none of Mrs Y’s children had deputyship or power of attorney to make decisions on her behalf.
5. The Council apologised its communication with Mr X and his brother had not been better on occasion. It accepted it should have consulted Mr X on decisions around Mrs Y’s ongoing care. It explained Mrs Y had been assessed to lack capacity to decide her accommodation needs. It found Mrs Y was unable to manage her personal care and dietary needs or summon help in an emergency. It advised Mr X how his mother could challenge the Deprivation of Liberty Safeguards (DoLS) decisions made about her with the Court of Protection. The Council also explained some action, such as emptying Mrs Y’s home and ending her tenancy, had been done by Mr X’s siblings rather than the Council.
6. Sadly, Mrs Y passed away in Summer 2024. We could not provide a remedy for any injustice caused to her by the Council’s actions, even if we investigated and found evidence of fault.
7. The Council has already apologised to Mr X and advised of the action it has taken to learn from his experience. We could achieve no more than this.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because further investigation could not provide a different outcome. We could not provide Mr X’s mother with a remedy for any injustice even if we found fault because she has passed away.

Back to top

Investigator's decision on behalf of the Ombudsman