Summary: We will not investigate Ms B’s complaint about the care her late mother received or the Council’s safeguarding investigation into her concerns. This is because further investigation by the Ombudsman could not add to the Council’s investigation or make a finding of the kind Ms B wants.

The complaint

1. Ms B complained about care her late mother, Mrs C, received from her care provider. Ms B is unhappy with the Council’s safeguarding investigation into her concerns and says her late mother suffered because of lack of care. Ms B complained she was not informed about incidences regarding Mrs C. Ms B says Mrs C was neglected and she has suffered because of the stress of witnessing Mrs C go through what she did and because she had had to pursue her complaints with the Council who delayed in properly investigating her complaints as safeguarding matters. Ms B says issues she raised with the Council about the final report have not been fully investigated and amendments she wants have not been included.

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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)

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How I considered this complaint

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

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My assessment

5. The Council undertook a section 42 enquiry into the concerns Ms B raised about care provided to her late mother, the majority were unsubstantiated, but some points were upheld. Further investigation by us could not add to this.
6. Sadly Ms C is now deceased and we could not now provide a remedy for any injustice caused to her from fault which might be uncovered during an investigation. The Council has confirmed the CQC and Health Watch have now received copies of the report.
7. Ms B remains unhappy and wants amendments to the report. Ms B can provide the Council with a copy of her concerns and views outlining any omissions and says what she disagrees with. Ms B can ask the Council to retain a copy on file alongside its report.

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Final decision

8. We will not investigate Ms B’s complaint because we could not make a different to that already provided or remedy any injustice caused by fault to the late Mrs C.

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Investigator's decision on behalf of the Ombudsman