Summary: We will not investigate this complaint about the care and support provided to Mrs B’s late mother by two different residential care providers commissioned by the Council. There is not enough evidence of fault to justify investigating and we cannot achieve the outcome Mrs B wants.

The complaint

1. Mrs B complains about two residential placements commissioned by the Council to provide care to her late mother. Mrs B says the care was poor in the first residential placement which has now closed. She also said she had concerns about the end-of-life care her mother received in the second residential placement. As an outcome she wants the Council to reduce the amount her mother’s estate owes for care fees.

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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, or
• we cannot achieve the outcome someone wants.

(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. We will not investigate this complaint as there is not enough evidence of fault to justify investigating. When the Council responded to Mrs B’s complaint it said it could not visit the first residential care home placement as it had closed. It told Mrs B it had reviewed her mother’s social care records which supported the view her needs were met. The Council could not find evidence Mrs B’s mother had lost items of clothing at the second residential care home placement. We could not add to the investigation completed by the Council.
6. The Council said its review with the second placement did not highlight any issues with the care Mrs B’s mother received near the end of her life. There is not enough evidence of fault so we cannot achieve the outcome Mrs B wants.

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Final decision

7. We will not investigate Mrs B’s complaint because there is not enough evidence of fault to justify starting an investigation.

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Investigator's decision on behalf of the Ombudsman