Summary: We will not investigate Ms B’s complaint about the care provided to her late mother, Mrs C, before she died. This is because the Coroner is investigating the cause of death and can decide whether the Council’s actions or omissions, or any for which it is responsible, led to or contributed to Mrs C’s death. We cannot do that, and there is no reason to change a decision we reached in 2017 not to investigate simply because Mrs C has died.

The complaint

1. Ms B says the Council failed to ensure the safety of her late mother, Mrs C between 2017 and 2020. Ms B says she has recently obtained information in her capacity as Executor of Mrs C’s Will which demonstrated Mrs C was not protected or safeguarded by the Council before she died.

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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:

• 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 considered the information and documents Ms B provided. I sent Ms B a copy of my draft decision for comment.

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What I found

4. Ms B has raised several complaints about Mrs C’s care which have been considered by the Ombudsman. Ms B says there is no evidence that Mrs C did not want her involved in her care package.
5. We considered a complaint from Ms B about Mrs C’s care and support in 2017 and were satisfied Mrs C did not want Ms B informed or involved in her care. From 2015 until her death in July 2020, the courts were involved with arrangements for Mrs C’s care and support. At any time during this period Ms B had the opportunity to clarify what involvement with her care Mrs C wanted her to have. We cannot now investigate any concerns Ms B has, following her gaining access to records Mrs C did not agree to her having when she was alive.
6. Ms B has complained to the Council, the Ombudsman and courts about her concerns regarding Mrs C’s care and support over the years. Ms B says Mrs C’s death is currently under investigation by the Coroner and the Police.
7. The Coroner can investigate any concerns about Mrs C’s death and decide whether any persons acts or omissions contributed to or caused her death. If, as Ms B alleges, the Council as lead safeguarding authority, is responsible for allowing Mrs C to die from the actions of others in Mrs C’s home, the Coroner can decide whether further investigation is required.
8. Ms B says toxicology reports she has recently accessed reveal the presence of controlled drugs Mrs C was not prescribed. If the Coroner is not satisfied with this finding they can ask the Police to investigate this point as a criminal matter. There is no basis for the Ombudsman to investigate now matters we have already decided in 2017 not to investigate because Mrs C did not want Ms B involved in her care and support. The passage of time and Ms B’s recent access to historic information does not alter that.

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Final decision

9. We will not investigate this complaint. This is because the Coroner will decide whether the cause of Mrs C’s death should be investigated further, and there is no reason to change a decision we reached in 2017 because Mrs C has died.

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Investigator's decision on behalf of the Ombudsman