Summary: Ms B complains about the Council’s treatment of her in relation to the care of her partner. The Ombudsman will not investigate the complaint because there is no evidence of fault by the Council in how it has dealt with matters and no grounds on which to base an investigation.

The complaint

1. The complainant, who I refer to as Ms B, complains about the way the Council communicated with her and ignored her views in relation to her partner’s care. Her partner has since died and she has been caused considerable distress as she was not given the opportunity to spend more time with him.

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The Ombudsman’s role and powers

2. 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’. 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:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. In considering the complaint I reviewed the information provided by Ms B’s representative and the Council. I gave Ms B’s representative the opportunity to comment on my draft decision.

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What I found

4. Ms B’s partner of many years, who I refer to as Mr X, moved from their home to care provided by a mental health trust.
5. Mr X said that he did not want to be in a relationship with Ms B anymore and that he did not want any information about him to be given to her. He was assessed as having sufficient mental capacity to make these decisions.
6. Ms B complained to the Council that she had not been given the chance to explain what had happened between her and Mr X and that she was excluded in discussions about his care.
7. On her behalf, her representative set out a number of queries and complaints in relation to this matter which the Council addressed. It acknowledged the situation must be very difficult for Ms B but explained that Mr X had made his wishes clear in relation to her and that it could not go against them. It also explained that while she had been given information about what might happen if their joint property were to be sold, it had not said that she would have to sell the house to fund his care.

Assessment

8. This has clearly been a very difficult situation for Ms B to deal with and one that has caused her considerable distress. However, while this is noted, I have seen no evidence of fault in the way the Council has dealt with the matter and no grounds on which to base an investigation by the Ombudsman.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because there is no evidence of fault by the Council in how it has dealt with matters and no grounds on which to base an investigation.

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Investigator's decision on behalf of the Ombudsman