Summary: We will not investigate this complaint about the funding of Mrs X’s care because she is now deceased so we could not provide her with a remedy for any injustice caused by fault which might be uncovered during an investigation.

The complaint

1. Company Y complained on behalf of Mrs X regarding the funding of her care.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(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 because Mrs X has sadly passed away so we could not provide her with a remedy for any injustice caused by fault which might be uncovered during an investigation.
6. We will also not investigate because the deputyship Company Y had has now ended so they can no longer represent Mrs X.

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Final decision

7. We will not investigate this complaint because an investigation is unlikely to achieve the complainant’s desired outcomes.

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Investigator's decision on behalf of the Ombudsman