Summary: We will not investigate this complaint about adult social care because the local authority safeguarding team would be better placed to consider the complaint.

The complaint

1. Ms B says a care worker took inappropriate action by leaving a resident unsupervised knowing they were in possession of unauthorised medication and had a history of suicidal tendencies. Ms B says this resulted in her father, Mr C, taking the medication and going to hospital. Ms B says these actions led to the death of Mr C a few weeks later.

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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:

• it is unlikely we could add to any previous investigation by the care provider, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

3. We cannot provide a remedy to someone who has died.

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Ombudsman could not say the Care Provider’s actions caused Mr C’s death, only a coroner could establish the cause of death. The Ombudsman also could not say the Care Provider’s actions led to Mr C taking the medication and going to hospital.
7. Ms B says the member of staff who witnessed Mr C with the medication should not have left him when they went to get help. However, even had the member of staff stayed with Mr C we could not say with certainty that the outcome would be different. Mr C may still have chosen to take the medication. People with capacity can make their own decisions, even decisions which others may consider to be unwise. The Care Provider could not have legally intervened and prevented Mr C taking the medication if the staff member had stayed with him. The Care Provider says it is also possible Mr C had already taken some of the medication before he was seen with it.
8. Ms B is seeking actions to protect other residents. Local authorities have statutory responsibilities for safeguarding to prevent abuse and neglect. Ms B does not know whether a referral was made to the local authority safeguarding team.

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Final decision

9. We will not investigate Ms B’s complaint because there is another body better placed to do so. The local authority safeguarding team may investigate whether the Care Provider was neglectful and if it substantiates the allegations can produce an action plan to protect other residents.

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Investigator's decision on behalf of the Ombudsman