Summary: We will not investigate Mrs X’s complaint about the Council’s actions in relation to finding a placement for her mother and how it managed safeguarding concerns. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mrs X complained the Council delayed providing her mother, Mrs Y, a placement following her admission at a hospital and it placed her in a care home which was not suitable to meet her needs. She also complained about how the Council managed safeguarding concerns. Mrs X said it negatively affected her mother’s health. It caused Mrs X distress. She wants the Council to improve its service 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))

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How I considered this complaint

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

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My assessment

5. In late 2024, Mrs Y was acutely admitted into hospital due to an infection. Prior to her admission, Mrs Y lived with her family. Whilst Mrs Y was in hospital, Mrs Y’s family and the Council decided it would be best if Mrs Y moved into a care home. Mrs Y had no Lasting Power of Attorney of health and welfare in place. There were several family members involved with her care. In early 2025, Mrs Y moved into a care home.
6. In her complaint to the Council, Mrs X said:
• there was a delay in moving Mrs Y into a care home;
• the Care Home Mrs Y moved into was supposed to be a temporary placement until another placement suited to her needs was found however, this was not the case as Mrs Y remained there. Mrs X said the placement did not meet her mother’s needs and it was not safe;
• Mrs X wanted her mother to be in a care home which was also culturally appropriate for her; and
• the Council responded to unfounded safeguarding concerns against a family member.
7. In response to Mrs X, the Council said:
• the delay in moving Mrs Y into a care home and then finding an alternative placement for long-term care was caused by Mrs Y not having an attorney in place to make formal decisions about her accommodation and care. The Council therefore had to obtain the views and wishes of different family members involved in her care. The delay was also caused by the Council needing to respond to safeguarding concerns raised against the Care Home by Mrs X and safeguarding concerns raised against a family member;
• it would allocate Mrs Y a new social worker who would assess her cultural and communication needs and consider other placement options; and
• it recognised Mrs X was distressed by the Council considering safeguarding concerns raised against a family member however, it explained it had a duty to consider any concerns raised.
8. We will not investigate Mrs X’s complaint. This is because there is insufficient evidence of fault by the Council. While there was a delay in arranging Mrs Y’s care home placement, this appeared from the need to consult with family members because Mrs Y had no attorney to make formal decisions on her behalf and the need to consider safeguarding concerns which included Mrs X’s concerns about the Care Home. The delay was not due to any fault by the Council.
9. The Council also said it would take action going forward to explore other placement options for Mrs Y to meet her cultural and communication needs. This was appropriate and what we would expect it to do.
10. Furthermore, the Council took appropriate action in line with Section 42 of the Care Act 2014 when it considered safeguarding concerns raised against a family member. We would find fault if the Council did not take any action in response to the concerns.

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Final decision

11. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman