Summary: We will not investigate this complaint about the way the Council dealt with Mrs B’s mother’s property and financial affairs and decided to place her in a care home. We cannot add to any previous investigation by the Council. Further investigation would not lead to a different outcome.

The complaint

1. Mrs B complains about the way the Council dealt with property and financial matters after her brother died and his estate passed to her mother.
   Mrs B says the Council placed her mother in an unsuitable residential care home, did not allow access to her property and removed cash from the premises. Mrs B says the events caused her and her niece avoidable distress and led to physical illness. She also says there was a missed opportunity to care for her mother in the community. Mrs B says the Council cannot go back in time to put things right, but she feels it should not place people in care homes rated less than good. She also says it should train its officers to be more empathetic and non-bias.

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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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or

(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 B’s mother, Mrs X, lived with Mrs B’s brother in the community. The Council contacted Mrs B after her brother died. It said Mrs B told its officer she had been estranged from her mother and brother for several years. When responding to Mrs B’s complaint the Council found that its officer did not tell Mrs B her brother had died. The Council upheld this part of her complaint and apologised for any distress caused. It said it would share learning with its social work team.
6. The Council told Mrs B when her brother died his estate passed to his mother. The Council then applied to the Court of Protection to act as Mrs X’s Deputy as it said any remaining family was not involved in her life and she lacked capacity to deal with her property and financial affairs.
7. The Council shared why it had placed Mrs X in a care home and said despite the Care Quality Commission’s rating it had no safeguarding concerns, and its quality and monitoring team did not have any concerns. The care home dealt with a separate complaint about specific issues.
8. We will not investigate Mrs B’s complaint as we cannot add to the investigation previously completed by the Council. The Council explained why it acted to safeguard Mrs X after Mrs B’s brother died. It also explained its actions relating to her property and financial affairs Mrs B raised in her complaint. Any concerns about how the Council is conducting its role as Mrs X’s Deputy can be considered by the Court of Protection.

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Final decision

9. We will not investigate Mr B’s complaint because we cannot add to the investigation previously completed by the Council.

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Investigator's decision on behalf of the Ombudsman