Summary: We will not investigate this complaint about adult social care in a residential care home. This is because it is unlikely we would add to a safeguarding investigation already undertaken or achieve a different outcome.

The complaint

1. Mr B says his relative, Ms C’s, health declined while in a care home arranged by the Council. Ambulance staff referred to safeguarding because they found Ms C had food in her mouth that was a choking risk. Mr B was shocked by Ms C’s presentation and decline, and this has had an impact on his mental health. Mr B wants an apology, compensation, and service improvements.

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The Ombudsman’s role and powers

2. 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).
3. In this case the care provider acts on behalf of the Council to meet Ms C’s adult social care needs.
4. 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 could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), 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.

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My assessment

7. The Council arranged a care home placement for Ms C. Ms C only lived there for a couple of weeks before she went to hospital and died shortly after.
8. The Council is also the local safeguarding authority and investigated the safeguarding concern raised by the ambulance service.
9. The Ombudsman could not say the care provider’s actions caused or contributed to Ms C’s death; that would be for a coroner to decide.
10. I appreciate the circumstances were distressing for Mr B and the rest of Ms C’s family. However, the safeguarding investigation found the care provider acted appropriately. The care provider referred to relevant professionals when it found Ms C was having difficulty swallowing, and it called the ambulance service when Ms C was unwell. It is unlikely an Ombudsman investigation would add to this or achieve anything further.

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Final decision

11. We will not investigate Mr B’s complaint because it is unlikely we would add to the safeguarding investigation already undertaken by the Council or achieve a different outcome.

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Investigator's decision on behalf of the Ombudsman