Summary: We cannot investigate Mrs X’s complaint that the Council does not provide 24-hour support at the accommodation where her late brother lived. This is because Mrs X does not have permission from the residents to complain on their behalf.

The complaint

1. Mrs X complains that the Council does not provide 24-hour support to the residents where her late brother, Mr Y, used to live. She is concerned that without 24-hour support the residents are at risk of dying alone and scared. Mrs X wants the Council to reinstate 24-hour onsite support.

Back to top

The Ombudsman’s role and powers

2. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

Back to top

How I considered this complaint

4. I have considered comments and information from Mrs X and the Council.

Back to top

What I found

5. Mr Y lived in semi-independent accommodation. When he moved in 20 years ago there was 24-hour onsite support. Several years ago the Council reduced the hours of support from 8.00am to 8.00pm.
6. Mrs X says that one evening earlier this year, her brother became ill suddenly and had nobody to turn to for support. She says Mr Y did not think to use the emergency alarm that was in place but managed to make his way to another apartment where the resident had 24-hour support in place. Mr Y was taken to hospital where he died the following day with his family surrounding him.
7. Mrs X contacted the Council to request the 24-hour onsite support service be reinstated. She is concerned that the other residents are potentially at risk of dying alone and scared.
8. In its response to Mrs X the Council said:
• there has always been a care line and responder system in place at the accommodation;
• it cannot comment on the specific care and support needs of the other residents;
• the care and support provided is tailored to the individual’s needs, with a focus on supporting independence;
• should there be an assessed need for overnight care and support that cannot be met by the emergency care line, that would be accommodated where required.
9. Mrs X was not happy with the Council’s response and complained to the Ombudsman.
10. Mrs X’s complaint is motivated by her concern for the residents. However, the restriction outlined in paragraph two applies to this complaint. Mrs X does not have their permission to complain on their behalf so we cannot pursue this matter further.
11. If the residents are unhappy about a lack of 24-hour onsite support we would expect them to complain to the Council, either directly or through their chosen representative, before asking the Ombudsman to consider their complaint.
12. The Council has responded appropriately and proportionately to Mrs X’s concerns. An investigation by the Ombudsman is unlikely to lead to a different outcome and we cannot achieve the outcome Mrs X is seeking. There is no evidence to show that Mrs X or her late brother have been caused an injustice as a result of fault by the Council.

Back to top

Final decision

13. We cannot investigate this complaint because Mrs X does not have authority to complain on behalf of the residents.

Investigator’s final decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman