Summary: We will not investigate this complaint about Mr X’s contact with his friend in a care home. This is because the Council have agreed to complete an assessment and further investigation would not lead to a different outcome.

The complaint

1. Mr X says he was not allowed to see his friend, Ms Y, in her care home. He says the Council did not complete a Mental Capacity Assessment of Ms Y to determine whether she could consent to him visiting her.

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The Ombudsman’s role and powers

2. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council said it should have conducted a Mental Capacity Assessment of
   Ms Y’s ability to decide whether Mr X could visit her. It said it will now complete the assessment. Further investigation would not lead to a different outcome. Therefore, we will not investigate this complaint.
6. The Council’s final response to Mr X was delayed. However, it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Therefore, we will not investigate this complaint.

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Final decision

7. We will not investigate Mr X’s complaint because the Council have agreed to complete an assessment of Ms Y, and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman