Summary: We will not investigate this complaint about the alleged preventable death of Mr X’s adult son (Mr Y) while in the care of the Council. Only the Coroner can determine the circumstances around Mr Y’s death. The Information Commissioner is best placed to consider a complaint about the Council’s information-sharing.

The complaint

1. Mr X complained the Council:
• failed to prevent his son’s (Mr Y’s) death in supported housing; and
• refused to communicate with Mr X.
2. Mr X said the Council’s actions following his son’s death compounded his grief. He wanted transparency and answers. He wanted a Safeguarding Adults Review to be carried out and for the Council to take disciplinary action against responsible staff. He wanted service improvements and staff training.

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The Ombudsman’s role and powers

3. 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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider the complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We may investigate a complaint on behalf of someone who has died. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

5. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

Complaints on behalf of Mr Y

8. Mr X’s complaint is partly on behalf of his son. His concerns include alleged inaction by staff at Mr Y’s accommodation and alleged failure of the Council to take action at earlier points to safeguard Mr Y.
9. We will not investigate these complaints. Only the Coroner can provide the answers Mr X seeks relating to the circumstances that led to Mr Y’s death, and the coroner’s inquest supersedes any investigation we could carry out. We also could not recommend disciplinary action against individuals.
10. It is also unlikely we would consider Mr X the most suitable person to bring a complaint on behalf of Mr Y. Mr Y’s next of kin was his mother. Mr X has explained he had limited involvement in Mr Y’s life, but indicated this was not his choice. It is not for the Ombudsman to investigate the complex family dynamics and decide whether the level of involvement Mr X had was fair or just. We must consider whether someone else would have a greater claim to being suitable to bring a complaint on Mr Y’s behalf. In this case, Mr Y’s mother would be the most suitable person to bring complaints on behalf of Mr Y.

Complaints in Mr X’s own right

11. Mr X’s complaint is also about the Council’s decision not to disclose information with him. Mr X has made a Freedom of Information request which he says the Council declined. He also says he wants information about the training and employment status of responsible staff at Mr Y’s accommodation.
12. The Information Commissioner’s Office (ICO) is the body that considers complaints about how organisations handle requests for information. This includes requests for information about a deceased person under the Freedom of Information Act.
13. The ICO is best placed to consider Mr X’s complaint about the Council’s decision not to share information with him about its involvement in Mr Y’s case. It is open to Mr X to complain to the ICO. There is no good reason for us to consider the matter instead, especially given that we will not investigate the complaints Mr X brings on behalf of Mr Y.

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Final decision

14. We will not investigate Mr X’s complaint because only the Coroner can determine the circumstances around Mr Y’s death. The ICO is best placed to consider a complaint about the Council’s information-sharing.

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Investigator's decision on behalf of the Ombudsman