Summary: Mr B says the Council wrongly decided to end a shared lives placement and, in doing so, failed to complete a mental capacity assessment properly. We have not investigated the complaint as we do not consider there is a worthwhile outcome we can achieve for Mr B.

The complaint

1. The complainant, whom I shall refer to as Mr B, complained on behalf of himself and a vulnerable adult who lives with him under a shared lives placement, whom I shall refer to as Mr C. Mr B complained the Council:
• wrongly decided to end Mr C’s shared lives placement with him and his wife; and
• in making that decision, failed to complete a mental capacity assessment on Mr C properly.
2. Mr B says failures by the Council have caused him and his wife significant distress and has resulted in his wife suffering a nervous breakdown. Mr B says the Council’s actions have also resulted in he and his wife losing their income.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for an organisation review or appeal.

(Local Government Act 1974, section 24A(6))

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. As part of the investigation, I have considered the complaint and Mr B's comments.
7. Mr B and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Background

8. Mr B was a shared lives carer looking after two vulnerable adults in his own home, along with his wife, until 2021. Mr C is one of those vulnerable adults.
9. There was a safeguarding incident which resulted in the other vulnerable adult being moved out of Mr B’s home. The Council then carried out a mental capacity assessment on Mr C. That mental capacity assessment concluded Mr C did not have capacity to make a decision about where he wanted to live and the Council decided it was not appropriate for him to remain living with Mr B and his wife. The Council has now deregistered Mr B and his wife as shared lives carers. Mr B is not intending to appeal against that decision as he no longer wants to work for the Council. Mr C remains living with Mr B and his wife in what is now likely to be a private arrangement.

Analysis

10. Mr B complained about the Council’s decision to end Mr C’s placement in his care. Mr B has concerns both about the decision to remove Mr C from the placement and the way in which the Council carried out the mental capacity assessment for Mr C. While I understand Mr B’s concerns, even if the Ombudsman were to find fault in how the Council reached the decision to end the placement or in the way it carried out the mental capacity assessment I do not consider there is an outcome the Ombudsman can achieve for Mr B. That is because the Council has now deregistered Mr B as a shared lives carer. Mr B has a right of appeal against that decision and that is the appropriate way to challenge that. I appreciate Mr B does not want to challenge the Council’s decision to deregister him. However, deregistration has the same effect in terms of Mr C’s placement as it brings the placement to an end. Consequently, I do not consider there is an outcome the Ombudsman can achieve for Mr B and I have therefore not investigated the complaint.

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Final decision

11. I have stopped investigating this complaint. No further action is needed because the Ombudsman cannot achieve an outcome for Mr B.

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Investigator's decision on behalf of the Ombudsman