Summary: We will not investigate Mrs X’s complaint the Council failed to communicate appropriately with her about her mother’s care and support. This is because there is insufficient evidence of fault.

The complaint

1. Mrs X complains the Council failed to communicate appropriately with her about her mother’s care and support. She says the Council failed to tell her when her mother was placed in a care home, when her mother was at the end of her life, and when her mother died.

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The Ombudsman’s role and powers

2. We investigate 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mrs X’s mother, Mrs Z, was placed into a care home following her discharge from hospital. Mrs X said she was not told of this and that when she called the care home to enquire about her mother, the care home lied to her about her mother not being a resident.
6. Mrs X also complained the Council failed to tell her when her mother became end of life and when she died.
7. An investigation is not proportionate as we are not likely to find fault. This is because the evidence shows the Council did not have Mrs Z’s consent to share information about her location with Mrs X. The Council confirmed it had no reason to question Mrs Z’s mental capacity to make decisions about her care and support. For the same reasons, the Council did not contact Mrs X to tell her about her mother’s death.
8. Further, the Council confirmed it was not made aware that Mrs Z was end of life. It explained it was only made aware when a social worker attended to complete a review. The Council noted it understood Mrs Z died the same day. Therefore, an investigation is not proportionate as we are not likely to find fault.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman