Summary: We will not investigate this complaint about adult social care because we cannot achieve the outcome someone wants.

The complaint

1. Miss Y complained on behalf of herself and her mother about the standard of care her mother received during respite care provided by the Council, the poor level of communication she had during this time and items, such as clothing which went missing while she was in care.
2. Miss Y says the issues caused her and her family deep distress and, in her view, hastened her mother’s death.

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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 cannot achieve the outcome someone wants. (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 Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. I spoke to Miss Y about her complaint as part of my consideration before reaching this decision. Miss Y explained the complaint response had upheld the complaint, apologised and having met with Miss Y since her mother’s death, had explained that learning and changes had been completed to prevent others from having the same experience in future.
6. However, Miss Y feels that she cannot get a direct account or apology from the manager for the Care Provider who has since left their previous role and no longer works for the Care Provider. She is also seeking accountability for the issues raised in her complaint from this individual.
7. This is not an outcome the Ombudsman is able to achieve. This is because we would be investigating the Council as a corporate body, rather than any individual. Further, as the individual has now left the employment of the Care Provider the Council used to give the respite care, we would not be able to seek any account from them. Consequently, as we cannot provide the outcome Miss Y is seeking, we will not investigate this complaint.

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Final decision

8. We will not investigate Miss Y’s complaint because we cannot achieve the outcome someone wants.

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Investigator's decision on behalf of the Ombudsman