Summary: We will not investigate Mr B’s complaint on behalf of his late cousin, Ms C. This is because some of the issues Mr B complains of have previously been considered and decided by the Ombudsman. Ms C could have come to us sooner, and, we cannot provide a remedy to a person for any fault an investigation might uncover, who is now deceased.

The complaint

1. Mr B complains on behalf of his late cousin Ms C. Mr B complains about the way the Council conducted a safeguarding investigation in 2019 regarding Ms C’s mother, Mrs D. Mr B says the Council:

• Falsely accused Ms C of psychological and physical abuse;
• Did not properly log minutes, omitted their views and did not respond to the disputed information they provided;
• Wrongly diagnosed Mrs D with a brain tumor and wrongly alleged Ms C misused alcohol;
• Caused Ms C distress by telling her to find alternative accommodation and use money from the sale of a property 20 years previously;
• Made derogative comments about Ms C and considered accusations made about her in a best Interests Meeting which were irrelevant to the meeting;
• Encouraged Ms C to apply to the Court of Protection to become Mrs D’s deputy when withdrew its support;
• Recorded false information in a Deprivation of Liberty Safeguards (DoLS) report that staff were unable to gain access to see Mrs D in her home.

2. Mr B says the Council were judgemental and biased against Ms C and inappropriately labelled her. Mr B says Ms C was not offered a carers assessment in the 20 years she cared for Mrs D and wants an investigation into the way she was treated so no other person is subjected to the same.

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The Ombudsman’s role and powers

3. 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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

7. The Ombudsman has previously considered and decided matters regarding the way the safeguarding investigation was carried out in 2019 and he cannot consider the same matters again. I will not comment further on these points.
8. We will not investigate other concerns raised by Mr B on behalf of the late Ms C about the way she was treated, false information contained in the DoLS report or that she was not offered a carers assessment during the 20 years she cared for Mrs D. This is because Ms C could have asked the Council to undertake a carers assessment during the period she cared for Mrs D and if refused come to the Ombudsman then. If Mr B is concerned about inaccuracies in reports held by the Council he can ask it to put a copy of his views on file to lie alongside them. We cannot now remedy any injustice caused to Ms C from the actions of the Council even if we investigated and found evidence of fault.

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Final decision

9. We will not investigate this complaint. This is because some of the issues Mr B complains of have previously been considered and decided by the Ombudsman. Ms C could have come to us sooner and we cannot provide a remedy to a person for any fault an investigation might uncover, who is now deceased.

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Investigator's decision on behalf of the Ombudsman