Summary: We will not investigate Mrs X’s complaint about the provision of care to her late relative in a Care Home. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. Mrs X’s complaint is the subject of an ongoing safeguarding investigation, so it is too early for the Ombudsman to intervene.

The complaint

1. Mrs X complains about poor care provided to her late relative, Mrs Y, at a care home (this care was commissioned by the Council, so the Council remains responsible).
2. Mrs X has also raised her complaint to the safeguarding authority local to the Care Home.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the other Council in which the Care Home is located. The other Council has confirmed there is a current safeguarding investigation in progress.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate. There is an ongoing safeguarding investigation into Mrs X’s concerns so it is too early for us to consider.

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Investigator's decision on behalf of the Ombudsman