Devon County Council (25 001 151)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 10 Aug 2025
The Ombudsman's final decision:
Summary: We cannot investigate Ms X’s complaint about a delayed response to her complaint. This is because we are unlikely to achieve a worthwhile outcome.
The complaint
- Ms X complains, on behalf of her relative Ms Y, about a failure to respond to her complaint first made in November 2024.
- Ms X would like the response sent to her as soon as possible.
The Ombudsman’s role and powers
- 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 or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms Y’s care is provided jointly by the NHS and the Council under s117 of the Mental Health Act. I note the NHS took the lead in investigating Ms X’s complaint and it sent her a response shortly after she complained to us.
- As Ms X has now received her complaint response there is no worthwhile outcome in us investigating.
Final decision
- We will not investigate Ms X’s complaint because there is no worthwhile outcome achievable.
Investigator's decision on behalf of the Ombudsman