Summary: The Ombudsman will not investigate Mr A’s complaint about the Council’s actions regarding its role in assessing and providing care and support to his daughter, Ms B in her home. This is because there is not enough evidence of fault with the actions taken by the Council warranting an investigation by the Ombudsman.

The complaint

1. Mr A says following an incident several years ago when the Council did not investigate his concerns about his daughter’s Ms B’s care and alleged abuse, he has refused to allow Council staff into his home. Mr A says recent concerns raised by the hospital following a fall Ms B had in the bath, resulted in a safeguarding investigation and decision by the Council to visit the home to assess Ms B’s needs and decide whether her current needs are being met. Mr A says he does not want the Council to come to his home.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

3. I discussed the concerns with Mr A and considered the information and documentation he and the Council provided. I sent Mr A a copy of my draft decision for comment.

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What I found

4. Mr A says the Council failed to investigate when he contacted it five years ago regarding his concerns about Ms B’s care. I understand Mr A has asked the Council to investigate these matters now. Since that time Mr B says he has refused the Council entry into his home to visit or asses Ms B’s needs. Mr A says Ms B becomes very upset and distressed when people she does not know visits the house.
5. The hospital raised concerns with the Council following a fall Ms B had and her ongoing treatment which the Council investigated under its safeguarding responsibilities. The Council decided it needs to visit the home to assess Ms B and Mr and Mrs A as her carers. It has acknowledged that Mr A does not wish this but has explained it has a duty of care and has asked Mr A to arrange a suitable time for them to attend. Mr A says he does not want the Council to go to his home and is concerned it may take court action to enable it access to his home and Ms B.
6. The Ombudsman cannot tell the Council not to visit a home to asses a person’s needs or say this is fault. He cannot tell the Council not to ask the Court of Protection to consider whether it should be able to assess or visit Ms B in her home and Mr A can ask the court to consider his representations why its staff should not be allowed to attend Ms B in the home. The outcome will be for the court to decide.

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Final decision

7. The Ombudsman will not investigate this complaint. This is because there is not enough evidence of fault with the actions taken by the Council warranting an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman