Summary: The Ombudsman will not investigate Mrs X’s complaint about the care provided to her late brother in a nursing home commissioned by the Council. This is because Mrs X would like to wait for the Council to complete its investigation into her concerns before deciding her next steps.

The complaint

1. Mrs X complains about the standard of care provided to her late brother in a nursing home commissioned by the Council.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))
4. When a council commissions another organisation to provide services on its behalf it remains responsible for those services and for the actions of the organisation providing them.

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How I considered this complaint

5. I have considered comments and information from Mrs X and the Council. I discussed the complaint with Mrs X on the telephone before reaching a decision.

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What I found

6. Mrs X raised concerns about the circumstances leading up to her brother’s death at his nursing home in June 2019. She complained both to the Council and care provider and both organisations began their own investigations.
7. Following the involvement of her MP the care provider responded to Mrs X in October 2019. The Council told Mrs X it would send her its investigation report in November 2019. However, the Council’s investigator has since been on long term sick leave and so the report has not been completed.
8. Responding to our enquiries the Council confirmed the investigator is unlikely to return to work soon so it will now appoint another officer to complete the report.
9. It is unfortunate that the Council’s investigator has been off work for an extended period of time. However, the Council has had a reasonable opportunity to investigate and respond to the complaint. I have discussed the situation with Mrs X and she has decided to wait for the Council to issue its investigation report before she considers her next steps. It will remain open to Mrs X to contact the Ombudsman if she remains dissatisfied with the Council’s report.

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Final decision

10. The Ombudsman will not investigate this complaint because Mrs X has decided to wait for the Council’s report before deciding her next steps.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman