Summary: Mrs X complained the Council failed to provide adequate care to her mother, Mrs Y. We have discontinued this investigation. This is because we cannot achieve anything further, than the Council has already achieved through its own investigation into Mrs X’s complaint.

The complaint

1. Mrs X complained the Council failed to provide adequate care to her mother, Mrs Y. She also complained about the Care Providers used to deliver the care. Mrs X said the Care Providers did not follow Mrs Y’s care plan properly.
2. Mrs X also complained about how the Council communicated with her.
3. Mrs X reported being exhausted by her interactions with the Council. She said it failed to understand or approach her situation with the attention it should have done. Mrs X said Mrs Y received inadequate care, at home, in the months leading up to her death, as a result.

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The Ombudsman’s role and powers

4. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

6. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
7. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Law and guidance

8. The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 set out the fundamental standards that registered care providers must achieve. The Care Quality Commission (CQC) has guidance on how to meet the fundamental standards.
9. The Care Quality Commission (CQC) is the statutory regulator of care services. It keeps a register of care providers that meet the fundamental standards of care, inspects care services, and reports its findings. It can also enforce against breaches of fundamental care standards and prosecute offences.
10. Sections 9 and 10 of the Care Act 2014 require councils to carry out an assessment for any adult with an appearance of need for care and support. They must provide an assessment to everyone regardless of their finances or whether the council thinks the person has eligible needs. The assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve. It must also involve the individual and where suitable their carer or any other person they might want involved.
11. The Care Act 2014 gives councils a legal responsibility to provide a care and support plan (or a support plan for a carer). The care and support plan should consider what needs the person has, what they want to achieve, what they can do by themselves or with existing support and what care and support may be available in the local area. When preparing a care and support plan the council must involve any carer the adult has. The support plan must include a personal budget, which is the money the council has worked out it will cost to arrange the necessary care and support for that person.
12. A council must make enquiries if it thinks a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themselves. An enquiry is the action taken by a council in response to a concern about abuse or neglect. An enquiry could range from a conversation with the person who is the subject of the concern, to a more formal multi-agency arrangement. A council must also decide whether it or another person or agency should take any action to protect the person from abuse. (section 42, Care Act 2014)

What happened here

13. This is a summary of key events. It is not a list of everything that happened.
14. Mrs Y was receiving care at home for some years before the period complained of. The care was initially provided directly by the Council, and then by a Care Provider.
15. Mrs Y had long term health conditions and required two calls from carers per day. The carers supported her with personal care, repositioning, food and medication. Mrs X organised Mrs Y’s care with the Council.
16. In early 2024, Mrs X asked the Council to fund a different Care Provider. She reported a breakdown in the Care Provider being used, for several reasons. Mrs X told the Council she had found a provider. The Council had no contractual agreement in place with the provider but agreed to Mrs X’s request.
17. Mrs X said she was unhappy with both the care provided by the Care Provider, and the Councils poor communication with her, throughout 2024.
18. At the start of June Mrs Y was admitted to hospital, where she died.
19. Shortly after, Mrs X made a formal complaint to the Council.
20. In summary she complained the Care Provider:
• failed to properly reposition Mrs Y in bed,
• did not clean up after itself when in Mrs Y’s home,
• failed to communicate properly with her, and
• used too many staff to care for Mrs Y.
21. In summary she complained the Council:
• failed to communicate properly with her,
• failed to involve her properly in meetings about Mrs Y’s care, and
• had a lack of knowledge about best practice regarding equipment used to care for Mrs Y.
22. The Council made its response to Mrs X in October. It summarised actions taken during the period complained of. It apologised for its poor communication. It explained its responsibilities regarding safeguarding, and the need to ensure action is taken with or without family members involvement. It acknowledged tensions between Mrs X and the Council. It explained the lessons it had learnt because of Mrs X’s complaint. It finished by explaining how to escalate the complaint, should Mrs X be unhappy with the response.
23. Mrs X was unhappy with the Councils response and asked it to escalate her complaint to its next stage.
24. In December the Council responded to Mrs X at stage two of its complaint process. It explained its position and summarised its actions in relation to the complaint points made by Mrs X. It did not clarify whether it upheld the complaint points. It did not share the appropriate escalation options.
25. At the end of January 2025, the Council made a further response to Mrs X.
26. The response was thorough. It showed a detailed investigation had been carried out into all the complaint points. It was carried out by a senior Council officer. The Care Provider had provided evidence to support the investigation, and the complaint response explained this. It provided data in response to Mrs X’s complaint points, to help explain its findings. It explained how gaps in policy / procedure had been addressed because of Mrs X’s complaint. It offered Mrs X £100 as a symbolic payment, to recognise fault. It provided the response alongside other complaint responses made by partner organisations also caring for Mrs Y.
27. Further correspondence took place between Mrs X and the Council. The Council concluded its complaint, and complaint review process.
28. In March Mrs X complained to the Ombudsman.

Analysis

29. The Council conducted a thorough investigation into Mrs X’s complaint. Several senior Council officers were involved in the complaint investigation process. The Council offered clear explanations for areas of concern raised by Mrs X. The Council apologised for fault it identified. The Council also offered a remedy to Mrs X to recognise the areas of fault.
30. An investigation by the Ombudsman would not achieve anything more for Mrs X, than has already been achieved through fulfilling the Councils complaint process.

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Decision

31. I have discontinued this investigation. This is because I cannot add anything further to the investigation already completed by the Council into Mrs X’s complaint.

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Investigator's decision on behalf of the Ombudsman