Summary: Mrs C complains the Council is failing in its legal duties to support her adult daughter who is deaf-blind which means she remained in an unsuitable placement for longer than necessary. The Ombudsman has ended his investigation as we do not have the consent of Mrs C’s daughter.

The complaint

1. The complainant, whom I shall refer to as Mrs C, complains the Council is failing in its legal duties to support her adult daughter who is deaf-blind. In particular, Mrs C complains the Council:
1. failed to provide a previous 2016 specialist assessment to her until 2018 and the assessment itself was inadequate;
2. failed to complete a proper deaf-blind assessment after her daughter moved into her home in March 2016 until December 2018;
3. has now provided an inaccurate assessment;
4. has failed to investigate properly and take appropriate action in response to her safeguarding reports and concerns;
5. has allowed her daughter to remain in a placement which is unsuitable because it cannot meet her daughter’s assessed needs for support and communication or follow the advice of specialist advisory services for example about personal care continence because of the high staff turnover and focus on other residents who display challenging and violent behaviour;
6. has wrongly decided her daughter has the capacity to decide where to live and about other matters affecting her life without providing the basis for this view;
7. failed to complete a risk assessment to identify what is required to meet her daughter’s travel needs;
8. has not ensured training in British Sign Language and deaf awareness is provided to staff at the home; and
9. has failed to provide an explanation for a recent fire at the home or provide reassurance about why her daughter’s alarm and the home alarm did not work.
2. Mrs C says because of the Council’s fault her daughter has remained in an unsuitable placement for longer than necessary which has caused them both unnecessary upset.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
5. 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

6. I read the papers provided by Mrs C and discussed the complaint with her. I have explained my draft decision to Mrs C and the Council and provided an opportunity for comment.

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Final decision

7. I have ended my investigation into this complaint as it is caught by the restriction outlined at paragraph 4 above . This is because we do not have the consent of Mrs C’s daughter for her to make this complaint on her behalf.

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Investigator's decision on behalf of the Ombudsman