Summary: We will not investigate this complaint about the Council’s failure to inform Mr & Mrs X that Mr X’s mother had died. This is because the Council has already upheld the complaint, apologised, and offered a suitable remedy. There is nothing further an investigation by this office could add.

The complaint

1. The complainants, whom I shall call Mr & Mrs X, complain the Council failed to inform them that Mr X’s mother, Mrs Y, had died. They did not find out until by chance, a month later.

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The Ombudsman’s role and powers

2. 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)
3. 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 we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6))
4. We may decide not to start an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and by the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s mother, Mrs Y, sadly died in April 2021, when she was living in a nursing home. Mr & Mrs X were not told Mrs Y had died and did not find out until a month later, by chance, when the warden contacted them about Mrs Y’s flat, despite the Council having Mr X’s details as next of kin.
7. This, understandably, caused Mr & Mrs X a great deal of distress. The delay in being informed also meant Mr X was unable to see his mother in the chapel of rest following her death.
8. Mr & Mrs X complained to the Council. The Council upheld the complaint. It acknowledged fault in its handling of this matter and the distress this caused Mr & Mrs X. It apologised to Mr & Mrs X and offered a payment of £1000 in acknowledgment of the distress it caused.

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Final decision

9. We will not investigate this complaint. This is because whilst this was clearly a very distressing matter for Mr & Mrs X the Council has already, via its complaints procedure, acknowledged fault, apologised and offered a suitable remedy for the distress it caused. There is nothing further an investigation by this office could add to the response already provided by the Council.

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Investigator's decision on behalf of the Ombudsman