Summary: We will not investigate this complaint about adult social care at home. The Council has apologised and acted to improve service. We are satisfied with these actions, and it is unlikely we would achieve anything further.

The complaint

1. Ms B says the Council failed to oversee a care agency providing adult social care at home on its behalf. The lack of support and assessment of needs and carers needs led to a decline in health and subsequent deaths of her relatives, Mr & Mrs C. This has been distressing, and Ms B wants acknowledgment of the failings.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council or care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. Ms B’s concerns are from more than 12 months ago, but she has given good reasons why she did not complain sooner so we have exercised discretion to consider the complaint.
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. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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. Mr C lived at home with a care agency arranged by the Council coming to support him. Mr C lived with his wife, Mrs C, who also provided him support. Ms B also gave support to both Mr & Mrs C.
9. Mr & Mrs C have died. The Ombudsman can provide them with no remedy for any injustice caused by any failings in support.
10. Ms B says the Council’s fault contributed to Mr & Mrs C’s decline in health, and their deaths. This is not a decision the Ombudsman could make, only a coroner could decide what caused or contributed to a death.
11. The Council has accepted some fault on delays in assessment of Mr C’s needs and failing to offer Mrs C and Ms B a carers assessment. It has apologised to acknowledge the impact of this. The Council also apologised for a significant delay in its response to Ms B’s complaint. The Council has reminded relevant staff of action to take to improve future service.

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Final decision

12. We will not investigate Ms B’s complaint because it is unlikely we would add to the Council’s investigation or achieve a different outcome.
13. I recognise the Council’s significant delay responding to Ms B’s complaint added further distress. 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. It is also unlikely we would achieve anything significantly more than the apology the Council has given.

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Investigator's decision on behalf of the Ombudsman