Summary: We will not investigate Mr X’s complaint about the Council’s handling of his concerns about a relative’s care and finances. This is because further investigation would not lead to a different outcome.

The complaint

1. Mr X complains about the Council’s handling of concerns about his relative’s care and financial arrangements at a care home.
2. Mr X is concerned a care home may have taken advantage of his relative and that the Council has failed to respond to his concerns properly. He would like an investigation.

Back to top

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:
4. further investigation would not lead to a different outcome
5. there is another body better placed to consider this complaint

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

Back to top

How I considered this complaint

6. I considered information provided by the complainant and read the Council’s response to the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Mr X says he has been raising complaints with the Council since 2024 alleging inappropriate financial arrangements between a care home and his relative. He said that when he raised concerns about his relative’s funds being depleted with the care home, his relative was asked to leave within 3 days.
9. Mr X complains the Council failed to address his concerns properly and failed to provide documents under the subject access request (SAR) process.
10. The Council says it spoke with Mr X over the telephone in July 2025. It also met with him in August 2025 before completing its complaints investigation.
11. Its complaints investigation found that the care home arrangement between Mr X’s relative and the care home was largely under a private contract plus the commissioning authority was a different council. It said it had brought this to the attention of the other council. It had also advised Mr X to seek legal advice concerning the contract. It also said it responded to his SAR a few months earlier. Overall, the Council partially upheld Mr X’s complaint. This was because it had delayed investigating for which it apologised to Mr X.
12. We will not investigate. The Council has investigated and found fault limited to its delay in responding to his complaint. It has taken proportionate action including apologising. Mr X’s remedy may lay in private legal action against the care home. Further investigation by the Ombudsman is unlikely to lead to a different outcome.
13. I should also add that we will not investigate the SAR element of Mr X’s complaint as there is another body better placed. The Information Commissioner is the regulator for information handling by public bodies, and it would be reasonable to expect Mr X to raise this with it.

Back to top

Final decision

14. We will not investigate Mr X’s complaint as further investigation will not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman