Summary: We will not investigate this complaint about adult safeguarding. It would be reasonable to allow the Council to conclude its safeguarding investigation.

The complaint

1. Miss X complains her mother (Ms Y) contracted COVID-19 while in residential care as staff did not properly use personal protective equipment (PPE) while administering medication. Miss X also complains about not being notified when Ms Y was admitted to hospital. Miss X wants an explanation and apology for the poor care her mother received before she died.

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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:

• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants, or
• it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council is the local safeguarding authority, which means it has a duty to protection vulnerable adults in its area from neglect or abuse.
6. Miss X’s mother, Ms Y, lived in a residential placement commissioned by the Council. Ms Y contracted COVID-19 while at the placement and subsequently died in hospital in Autumn 2024.
7. Mss X and another of Ms Y’s relatives complained about the standard of care Ms Y received before she died. The Council commenced safeguarding enquiries following Miss X’s referral to it and the Care Quality Commission (CQC).
8. The Council has provided Miss Y its initial response to her concerns about her late mother’s care. It has confirmed to us its safeguarding investigation is ongoing and includes the matters Miss X has raised with us. The Council is better placed to consider any safeguarding issues in respect of Ms Y’s care. It would be reasonable to allow the Council to conclude its safeguarding investigation as this is more likely to provide Miss X with the explanations she is seeking.

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Final decision

9. We will not investigate Miss X’s complaint because reasonable to allow the Council to conclude its safeguarding investigation.

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Investigator's decision on behalf of the Ombudsman