Summary: We will not investigate this complaint about the Council’s responses to Ms X’s safeguarding concerns about the care home provision and future care arrangements for her relative, Mrs Y. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no indication of fault by the Council. And, as Mrs Y’s future care needs will be decided in the Court of Protection, we will not investigate. It is reasonable for Ms X to make her views known to the Court.

The complaint

1. Mrs X complains about the care provided to her relative, Mrs Y, in a care home. She says the current care has placed her relative at risk and they need safeguarding.
2. Mrs X also says the eviction process to remove her relative from the care home has been used inappropriately.

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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)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

My assessment

7. A council must make enquiries if it thinks a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themselves. An enquiry is the action taken by a council in response to a concern about abuse or neglect. (section 42, Care Act 2014)
8. Ms X raises concerns about Mrs Y’s care which she says amount to safeguarding issues.
9. The Council says safeguarding concerns are dealt with the nearest Council where the person affected lives. While this Council funds Mrs Y’s care, the location of the Care Home lies outside of this Council’s area. Therefore, Ms X’s safeguarding concerns, about Mrs Y’s care, need to be made to the local council where Mrs Y lives.
10. Turning to the issues around Mrs Y’s care arrangements, the Council says the matter has been referred to the Court of Protection due to the current disagreements.
11. The Court of Protection may need to become involved in difficult cases or cases where there is disagreement which cannot be resolved in any other way. The Court of Protection decides:

• whether a person has capacity to make a particular decision for themselves;
• makes declarations, decisions or orders on financial or welfare matters affecting people who lack capacity to make such decisions;
• appoints deputies to make decisions for people lacking capacity to make those decisions;
• decides whether a Lasting Power of Attorney or Enduring Power of Attorney is valid; and
• removes deputies or attorneys who fail to carry out their duties.

12. We will not investigate. This is because a different Council is responsible for investigating Ms X’s concerns under safeguarding procedures. And Mrs Y’s care arrangements will be decided at Court rather than by the Council. It is open to Ms X to make her views known to the court.

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Final decision

13. We will not investigate as this complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no indication of fault by the Council with respect to the safeguarding concerns. And, Mrs Y’s care arrangements will be decided in the Court of Protection where Ms X can make her views known.

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Investigator's decision on behalf of the Ombudsman