Summary: We have stopped investigating Ms X’s complaint about her late mother’s care in a care home. Since she complained to us, the Council has started a safeguarding investigation into the same issue and so it is appropriate for safeguarding to finish before we investigate.

The complaint

1. Ms X complains about London Borough of Tower Hamlets (the Council) which commissioned Ms X’s late mother’s (Ms Y’s) care in a care home. Ms X complains Ms Y’s care was inadequate and this led to a fall and broken leg and hospitalisation. Ms Y was then discharged back to the care home where she died shortly after lock down started.
2. Ms X also complains about:
• how the care home handled Ms Y’s death from Covid-19.
• the loss of some of Ms Y’s belongings.
3. Ms X says she lost the opportunity to say goodbye to her mother because the care home stopped allowing visitors.

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The Ombudsman’s role and powers

4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered the care home’s responses to the complaints and Ms X’s complaints to us and information from the Council.
6. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

7. Ms Y had dementia and lived in a care home. The Council arranged and funded her care. At the end of December 2019, Ms Y had a fall in the toilet and broke her leg. She was in hospital and then discharged back to the care home in February. Ms X last saw her mother at the start of March, just before the national lockdown. Ms Y died at the start of April, Covid-19 was suspected and she tested positive for Covid-19 after her death.
8. The care home responded to Ms X’s complaints about her mother’s care before the fall and about the way it communicated with her about her mother’s death. Unhappy with the care home’s responses, Ms X complained to us.
9. Since Ms X complained to us, the Council opened a safeguarding investigation. Councils are responsible for conducting safeguarding investigations where an adult in need of care and support appears to be (or have been) at risk of abuse. Councils are responsible for overseeing safeguarding investigations. The outcome of a safeguarding investigation can include recommendations for changes or improvements to care within a care home and/or extra monitoring.
10. We do not usually investigate a complaint while there is an ongoing safeguarding investigation about the same or similar issues. This is because the safeguarding process and our enquiries may overlap and we consider the council needs to focus its priorities on safeguarding which is a legal duty under the Care Act 2014. A complainant may still come to us with a complaint, after a council has closed a safeguarding investigation.

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Final decision

11. I have stopped investigating this complaint for the reasons given in the previous paragraph. Ms X will get feedback from the Council’s safeguarding investigation and if she wishes to pursue a complaint with the LGSCO once the safeguarding investigation has concluded, she can complain to us again.

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Investigator's decision on behalf of the Ombudsman