Summary: We have discontinued our investigation of this complaint, about the standards of care the complainant has experienced in a care home. This is because we cannot add anything to the Council’s response or achieve the outcome the complainant’s representative seeks.

The complaint

1. I will refer to the complainant as Mrs C. Mrs C is represented in her complaint by her son, Mr L.
2. Mrs C is resident in a care home, and Mr L complains about the standards of care she receives there. This includes that she has been physically attacked by staff, is not dressed properly, and has suffered infections because of neglect.
3. Mr L also complains a member of staff at the home has been seeking a sexual relationship with him.

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The Ombudsman’s role and powers

4. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation,
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

5. I reviewed Mr L’s correspondence with the Council, along with the Council’s case notes.
6. I also shared a draft copy of this decision with each party for their comments.

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What I found

7. In 2020 Mrs C was living at home with Mr L. The Council received a safeguarding referral, and on investigation, it concluded Mr L was unable to safely look after Mrs C, who has a variety of health needs including suspected dementia. The Council made a best interests decision that Mrs C should be admitted to a care home in early 2021.
8. Since then Mr L has made repeated allegations about the care home, including that Mrs C has been physically attacked by staff and that they are neglecting her needs. Mr L has made clear he does not consider Mrs C is unwell and wishes her to return home to live with him.
9. The Council has investigated Mr L’s allegations through its safeguarding process, but despite several visits to Mrs C, has found no evidence to support them. It has explained to Mr L it cannot arrange for Mrs C to return home because it does not consider it to be in her best interests.

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Legislative background

Safeguarding

10. A council must make necessary enquiries if it has reason to think a person may be at risk of abuse or neglect and has needs for care and support which mean he or she cannot protect himself or herself. It must also decide whether it or another person or agency should take any action to protect the person from abuse or risk. (section 42, Care Act 2014)

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Analysis

11. The Ombudsman’s role is to review how the Council has made its decision. We do not provide a right of appeal against what the Council has decided, and we cannot make our own decision on matters such as where a person should live.
12. In this case, the Council had a duty to consider Mr L’s allegations about staff at the care home. It discharged this duty by visiting Mrs C, viewing her records and discussing the allegations with members of staff. The Council found no evidence to support Mr L’s allegations and considers it is in Mrs C’s best interests to remain at the care home, where it believes she is safe. This is a decision the Council was entitled to take.
13. I understand Mr L does not agree with the Council’s decision, but I do not consider further investigation by the Ombudsman will change the outcome of the Council’s safeguarding enquiries. We also cannot recommend or instruct that the Council to return Mrs C home against the professional judgement of its officers, and so we cannot achieve what Mr L wants.
14. For these reasons, I will discontinue my investigation here.

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Final decision

15. I have discontinued my investigation.

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Investigator's decision on behalf of the Ombudsman