Summary: We will not investigate Mr X’s complaint about the Council’s decision to place his late mother, Mrs Y, into a care home. This is because it is unlikely we would find fault with the Council and we could not add to its investigation.

The complaint

1. Mr X complained about the Council’s decision to place his late mother, Mrs Y, into a care home. He said as a result, his mother’s final months were distressing. It also caused Mr X distress. He wants the Council to acknowledge it acted with fault and make service improvements to prevent a recurrence of fault.

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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, or
• we could not add to any previous investigation by the organisation.

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

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s mother, Mrs Y, had care and support needs. She had a domiciliary care package in place. Mrs Y later moved into a care home. Following this, Mr X complained to the Council. He said the Council:
• made the decision to move his mother into a care home without considering what was best for her. Mr X believed it was in his mother’s best interests to remain at home;
• attempted to engage in conversation with his mother which was not appropriate as she was non-verbal following a brain injury; and
• excluded him from meetings and decisions.
7. The Council responded to Mr X. It said:
• it completed an assessment with Mrs Y and had discussed matters with another family member. The Council established Mrs Y had very high care and support needs which it could not meet at home. It held a best interests meeting which decided it would be safer for Mrs Y to move into a care home;
• it had attempted to engage in conversation with Mrs Y however she did not respond or show interest. It therefore considered views and wishes of another family member;
• another family had informed the Council they had told Mr X about the best interests meeting and that Mr X would attend if he was able to. The Council apologised to Mr X and said if it had known Mr X was not aware of the meeting, it would have ensured to send him an invitation; and
• its records showed it told Mr X it would keep him informed with any updates on the matter however, another family member said instead they would relay any new information to Mr X. The Council said going forward, it would ensure all new information was provided to all relevant parties.
8. We will not investigate Mr X’s complaint. Information indicates the Council followed an appropriate decision-making process to move Mrs Y into a care home. Where there is insufficient evidence of fault in how an organisation reaches a decision, we cannot question the outcome simply because someone disagrees with it.
9. Furthermore, the Council attempted to involve Mrs Y in discussions about her care and when she did not engage, it considered the views of a family member. It is unlikely we would find fault that its attempt to speak with Mrs Y affected the decision it reached.
10. The Council accepted it had not shared information with Mr X and apologised. It explained its reasons why however said it would make service improvements to prevent a recurrence of faults. This was appropriate and what we would expect it to do. We could therefore not add to its investigation.

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Final decision

11. We will not investigate Mr X’s complaint because it is unlikely we would find fault with the Council and we could not add to its investigation.

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Investigator's decision on behalf of the Ombudsman