Summary: We have discontinued our investigation into Miss X’s complaint that the Council failed to safeguard her grandmother while she was in residential care. This is because further investigation could not make a finding of the kind Miss X wants.

The complaint

1. Miss X complains that the Council failed to safeguard her grandmother while she was in residential care. Miss X raised several concerns about the care provided to her grandmother including safeguarding incidents relating to sexual abuse; bruising; falls and a sustained hip injury.
2. Miss X says the poor care caused her grandmother significant harm and distress and the delays and errors have caused the family significant distress and uncertainty.

Back to top

The Ombudsman’s role and powers

3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• we cannot achieve the outcome someone wants.

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

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, section 25(7), as amended)

4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

5. I spoke to Miss X about the complaint and considered the information she provided. I sent Miss X a copy of my draft decision and invited her comments before making a final decision.

Back to top

What I found

6. The Care Provider investigated Miss X’s complaint and responded to them. It acknowledged failings in some areas, especially record keeping and failure to report safeguarding incidents to the Council. The Care Provider said it was:

• working closely with the Council’s safeguarding team to investigate the allegations;
• taking disciplinary action in relation to staff; and
• implementing further training for staff in Management of Actual or Potential Aggression; dementia and positive behaviour support.

7. Following a complaint from Miss X the Council’s safeguarding team carried out investigations into the allegations raised. The Council wrote to Miss X’s MP and confirmed the allegations had been substantiated. The letter stated, “the home has now put comprehensive protection plans in place, for the safety of all residents”. The Council confirmed it would carry out a contract monitoring visit at the care home.
8. Miss X says she is satisfied with the outcome of the safeguarding investigations, as they have been upheld. More broadly, Miss X argues that the care home should not be operating. I have explained to Miss X the Care Quality Commission (CQC) is the regulator of standards in care homes. Miss X has confirmed she has contacted CQC about the incidents. It is for CQC, not the Ombudsman, to decide what, if anything, to do about the information it has received from Miss X.
9. We investigate complaints about maladministration and service failure. When we have evidence of fault causing injustice we will seek a remedy for that injustice, that is proportionate, appropriate and reasonable based on all the facts of the case. I have discussed our approach to remedies with Miss X. Ultimately, Miss X wants the care home shut down.
10. We will not investigate this complaint. We cannot recommend the care home should be closed and therefore cannot achieve the outcome that Miss X wants.

Back to top

Final decision

11. We have discontinued our investigation into this complaint. This is because further investigation could not make a finding of the kind Miss X wants.

Back to top

Investigator's decision on behalf of the Ombudsman