Summary: We will not investigate this complaint about abuse and neglect of a vulnerable adult, and poor care given by an adult social care provider. This is because the adult has died and so we can achieve no worthwhile outcome for them. The injustice to the complainant would not justify our involvement. Allegations of abuse and neglect are for the local authority safeguarding team to consider.

The complaint

1. Mr C says the Care Provider neglected his mother (Ms D) which amounted to abuse, and because the Care Provider did not act on the concerns at the time it is organisational abuse. Mr C is distressed.

Back to top

The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who has died. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

3. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)
4. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

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

(Local Government Act 1974, sections 34B(8) and (9))

Back to top

How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Ms D received care at home from Retain Healthcare Ltd (the Care Provider). Ms D has since died, so the Ombudsman could provide no remedy to her if we investigated and found fault by the Care Provider.
8. We do not investigate all complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
9. There would be some distress caused to Ms D’s family if they have witnessed poor care, but we would not consider this to be significant to warrant an Ombudsman investigation.
10. Mr C states there was abuse and neglect, including organisational abuse. Such issues are for the local authority safeguarding team to consider.

Back to top

Final decision

11. We will not investigate Mr C’s complaint because the injustice is not significant enough to justify our involvement. The main person affected was Ms D, for who we could provide no remedy. There is another body better placed to consider the issues, because Mr C alleges abuse and neglect which would come under the powers of the local authority safeguarding team.

Back to top

Investigator's decision on behalf of the Ombudsman