Summary: We will not investigate this complaint about the alleged failure of the Council to conduct a proper investigation into respite care Ms X’s late mother Mrs Y received. This is because an investigation would be unlikely to provide Ms Y with a different outcome.

The complaint

1. Ms X complained on behalf of her late mother Mrs Y that the respite care Mrs Y received whilst at a Council run support centre was not sufficient to meet her needs.
2. Ms X says she has been caused distress and upset by the Council’s actions.

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The Ombudsman’s role and powers

3. We investigate 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 continue an investigation if we decide:

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

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs Y suffered a fall at home and was admitted to the Council’s support home for a period of respite. Approximately a week after Mrs Y joined the home, she began to suffer with her health. Mrs Y was seen by a GP and blood tests taken but her health continued to decline, and she died.
7. Ms X complained to the Council because she felt Mrs Y’s death was preventable. She asked the Council to investigate and respond to several questions and concerns she raised about the care Mrs Y had received.
8. The Council investigated and consulted with the GP’s notes along with Mrs Y’s consultation notes and medical history. The Council responded to Mrs Y’s concerns by explaining the actions taken by the GP and confirming it had followed guidance set by the doctor. The Council found fault with its failure to notify Ms X when Mrs Y was moved to another unit and partially upheld Ms X’s concerns regarding staff attitudes. To address the fault identified, the Council apologised and confirmed it would ensure staff would receive training and supervision to reduce the likelihood of these issues reoccurring.
9. Ms X remains unhappy with the situation and wants us to find the Council at fault. The evidence shows the Council has taken Ms X’s concerns seriously and responded to Ms X’s complaint with well researched and evidenced answers. The Council has made proportionate and appropriate recommendations to address the injustice caused by the fault identified, which are in line with the Ombudsman’s approach. Based on the evidence seen so far, the Council has responded to this complaint in the manner we would expect.

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Final decision

10. We will not investigate Ms X’s complaint because we would be unlikely to provide a different outcome.

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Investigator's decision on behalf of the Ombudsman