Summary: We will not investigate this complaint about the care provided to Ms X’s late son. This is because a safeguarding investigation has not finished, and we would not be able to achieve anything.

The complaint

1. Ms X raises concerns going back to 2021 concerning the care provided to her son. She also complains about the failure to share his care plan documents.
2. Sadly, Ms X’s son subsequently died and a safeguarding review has still not concluded.

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The Ombudsman’s role and powers

3. 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 another body better placed to consider this complaint.
• 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

4. I considered information provided by the complainant and our previous enquiries on this case (20012781).
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We previously closed this case as the safeguarding review had not completed.
7. According to the Care Act, the local authority where the service user resides is responsible for safeguarding matters. And as Ms X’s son lived in a different local authority area, Haringey is not the safeguarding authority.
8. Ms X has recently met with the other authority who apparently has started a safeguarding review.
9. So, we will not investigate as we do not have any more information to allow for a meaningful investigation. Once Ms X has the results of the review, and Haringey have considered the matter - if Ms X remains dissatisfied - we can reconsider subject to our jurisdiction.
10. With respect to the Council’s refusal to share the care plan documents, we would normally expect her to raise this with the Office of the Information Commissioner. This is best placed to consider issues relating to information rights.
11. I have also advised Ms X that we would not be able to link any care failings to a person’s death as that would normally be a matter for the coroner/courts.

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Final decision

12. We will not investigate Ms X’s complaint because we would not be able to achieve anything worthwhile.

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Investigator's decision on behalf of the Ombudsman