Summary: We will not investigate Mrs X’s complaint that she raised several concerns that her mother was end of life, but that medical professionals disagreed with her. She also complains the Council said her mother’s care charges were still outstanding when she had already paid the invoice. This is because the likely fault has not caused significant enough injustice. In addition, there is another body better placed to consider the complaint.

The complaint

1. Mrs X complains about the Council’s handling of her mother’s end of life care. She says she raised several concerns that her mother was end of life, but that medical professionals disagreed with her. She also complains the Council said her mother’s care charges were still outstanding when she had already paid the invoice.

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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 an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

(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. Mrs X’s mother, Mrs C, received care and support in a care home. In its complaint response, the Council noted it had sent the invoice for the care home charges to both Mrs X and her brother. However, it accepts that the reminder letter of the outstanding care charges was only sent to Mrs X’s brother. The Council said this was due to the limitations of the automated system.
6. In its final complaint response letter, dated September 2023, the Council said the invoice was still outstanding. However, the Council confirmed to us that the invoice was paid in full in August 2023. Therefore, the Council was incorrect when it stated the invoice was still outstanding in its final complaint response.
7. However, it is not proportionate for us to investigate this further as I do not consider this likely fault will have caused significant enough injustice.
8. With regards to Mrs X’s saying professionals ignored the concerns she raised about her mother being end of life, the evidence provided by Mrs X suggests this would be not a matter the Council was responsible for. This is because she notes it was a nurse practioner who had stated her mother was not end of life and that it was external nurses that moved and took pictures of her mother. Therefore, it likely these medical professionals were NHS staff. Therefore, these complaints should be made to the relevant integrated care board as it is the responsible body, not the Council.

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Final decision

9. We will not investigate Mrs X’s complaint because the likely fault has not caused significant enough injustice. In addition, there is another body better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman