Summary: We will not investigate Ms B’s complaint about the actions of her grandmother’s, Mrs C’s care provider. This is because the concerns Ms B alleges are safeguarding matters and she can ask the Council to consider her complaint under its responsibility as lead Safeguarding Authority.

The complaint

1. Ms B complains her grandmother’s, Mrs C’s, care provider is restricting her contact with family members and has removed contact details from Mrs C’s telephone preventing her from contacting her daughter and granddaughter. Ms B says she attempted to visit Mrs C from outside of her property in November and was concerned care staff forcibly tried to stop Mrs C from accessing the door and in the process trapped her fingers. Ms B is concerned the care provider has not responded to her concerns and is concerned Mrs C is being controlled by family members who provide her care.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers. 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:

• there is another body better placed to consider this complaint.

(Local Government Act 1974, sections 34B(8) and (9))

3. 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)

Back to top

How I considered this complaint

4. I discussed the concerns with Ms B and considered the information she provided. I sent Ms B a copy of my draft decision and considered her comments on it.

Back to top

What I found

5. Ms B is concerned Mrs C is being coerced and intimidated by family members providing her care into not having contact with other members of the family including herself and her mother. Ms B is concerned about the way Mrs C was treated by carers when she attempted to visit and observed Mrs C being physically restrained from opening the door to her.
6. We do not have written consent to consider a complaint on behalf of Mrs C.
7. Ms B says Mrs C has capacity but is unable to visit her to get written consent.
8. Ms B says she has contacted the Council as lead safeguarding authority but says the Council has not properly considered her concerns that Mrs C is being coerced. Ms B can ask the Council to consider this as a complaint, and if she remains unhappy with the outcome, come back to the Ombudsman who can consider whether the Council has properly considered Ms B’s complaints that Mrs C is being coerced.

Back to top

Final decision

9. We will not investigate this complaint. This is because Ms B can ask the Council, as lead safeguarding authority, to consider her complaint about Mrs C’s wellbeing.

Back to top

Investigator's decision on behalf of the Ombudsman