Summary: We will not investigate this complaint about the way the Council spoke to Ms B. This is because we could not add to the Council’s response or make a finding of the kind Ms B wants.

The complaint

1. Ms B says council staff undermine her and do not involve her in her mother’s, Mrs C’s care and wants a full review of Mrs C’s care needs and a review of her medication.

Back to top

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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Ms B says she has concerns about Mrs C’s wellbeing and feels the Council are hiding behind a family feud rather than liaise with her. Ms B says the Council told her not to contact it again, however, the Council says it did not say this. The Council says records show it has had regular contact with Ms B and although on some occasions it has not been able to respond to her call immediately, it has returned her calls. It confirmed it was unable to be involved in the family conflict but says it will continue to discuss concerns she has about Mrs C. The Council confirmed it will contact Mrs C and ask her if she wants information about her shared with Ms B.
6. Although Ms B remains unhappy with what was said in a telephone call, we were not there and could not add to the Council’s response or make a different finding. Ms B can ask the Council to inform her of the outcome of the visit with Mrs C and whether she can have access to information about her.

Back to top

Final decision

7. We will not investigate Ms B’s complaint because we could not add to the Council’s response or make a finding of the kind Ms B wants.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman