Summary: We will not investigate Mr X’s complaint that the actions of a Council-commissioned care provider led to his wife’s death. An investigation would be unlikely to lead to a different outcome or achieve anything more. If Mr X considers the Council liable for her death, he can take the matter to court.

The complaint

1. Mr X complains the actions of a Council-commissioned care provider led to his wife’s death. He wants the care provider to apologise for the poor care prior to her death and improve the standard of care it provides to residents.

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The Ombudsman’s role and powers

2. 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 further investigation would not lead to a different outcome.

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

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, sections 24A(1)(A) and 25(7), as amended).

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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.

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My assessment

7. Mr X’s wife, Mrs X, lived in a care home. The Council commissioned Mrs X’s care, which was being provided by the care provider on the Council’s behalf. Mr X says in the months prior to her death, care staff stopped assisting Mrs X to mobilise. He says this, along with a delay calling for an ambulance when she became unwell, led to her death.
8. In its complaint responses to Mr X, the care provider apologised for the delay calling the ambulance. It said it would share the learning from the incident, to ensure staff knew how to escalate concerns in a timely manner. It said the Coroner had investigated Mrs X’s death and since closed the case. it said the Coroner found no cause for further investigation into the care provider’s actions.
9. We will not investigate this complaint. We could not determine whether the care provider was negligent or whether the Council was liable for Mrs X’s death. Only a court can do this. If Mr X considers the Council liable for her death, it is open to him to take the matter to court. The care provider has investigated Mr X’s concerns and acted to improve its service going forward. It is unlikely we would reach a different outcome or achieve anything more.

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Final decision

10. We will not investigate Mr X’s complaint because it is unlikely we would achieve a different outcome or anything more.

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Investigator's decision on behalf of the Ombudsman