Summary: We will not investigate this complaint about the Council’s alleged failure to provide suitable domiciliary care to Mrs Y, support Miss X as her carer, or carry out a safeguarding review. Some events complained about took place over 12 months ago and there are no good reasons to exercise discretion to investigate them now. There is not enough evidence of fault to justify investigating the remaining part of the complaint.

The complaint

1. Miss X complains about the quality of domiciliary care the Council commissioned for her mother, Mrs Y, before she passed away in June 2019. Miss X says the Council ignored her rights as a carer and her needs as a disabled person. Miss X says the stress caused by these issues worsened her existing health conditions.
2. Miss X says the Council wrongly advised her to use its safeguarding procedure rather than its complaints procedure. She says the Safeguarding Adults Board (SAB) should have reviewed the case and did not follow procedures or communicate with her properly.
3. Miss X wants the Council to provide compensation, carry out a safeguarding review, and address its alleged failings by changing policies and training staff.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
7. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code and Guidance on Jurisdiction.
10. I considered the Council’s Safeguarding Adults Policy and Procedures, and relevant legislation set out in the Care Act 2014.

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My assessment

Historical issues with the quality of Mrs Y’s care and Miss X’s needs as a carer

11. Miss X was in touch with the Council throughout 2018 and 2019 about her mother’s care and her own needs as a carer. Mrs Y passed away in June 2019. Miss X raised her concerns with the Council again in July 2021. The Council agreed to review Miss X’s historical concerns through its complaints procedure to ensure it addressed them in full and sent a final response to her in August 2021. Miss X complained to us in September 2021. Therefore, this part of the complaint is late. We have discretion to set aside this restriction where we decide there are good reasons. In this case we have decided not to exercise discretion. Miss X and her mother previously made a joint complaint to us in 2016. Miss X knew about our services, and could have come to us sooner if she felt the Council had not addressed her concerns at the time.

Safeguarding procedures

12. The Council has spent significant time considering Miss X’s concerns about her mother’s care through both its complaints procedure and its Safeguarding Adults Policy and Procedures. There is not enough evidence to suggest that the Council directed Miss X to the wrong procedure.
13. A subgroup of the SAB considered the case in May 2021 and decided it did not meet the criteria for review. Following a complaint from Miss X, an independent Chair reviewed its decision and agreed with the SAB. We cannot question this decision if it was made properly, and the Council can demonstrate it considered the relevant factors.
14. The independent Chair’s response shows he considered information about Mrs Y’s care, the minutes of the May 2021 SAB subgroup, and the criteria for review set out in the Care Act 2014. Based on this, the Chair agreed with the SAB that it should not carry out a review. An investigation by the Ombudsman is unlikely to find fault with the Chair’s decision, or the decision of the SAB.

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Final decision

15. We will not investigate Miss X’s complaint. Some events complained about took place over 12 months ago and there are no good reasons to exercise discretion to investigate them now. There is not enough evidence of fault to justify investigating the remaining part of the complaint.

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Investigator's decision on behalf of the Ombudsman