Summary: We do not find fault with the Council in how it applied Ms X’s daughter’s bandage and there is no evidence it falsified advice provided by a doctor. We have not investigated Ms X’s complaint regarding her daughter’s weight gain as there is not enough evidence of fault to justify investigating.

The complaint

1. Ms X complained that the Council:
• wrongly applied a bandage to her daughter’s foot on several occasions;
• falsified advice it received from a GP;
• failed to communicate with her properly regarding her daughter’s bandage and foot injury; and
• failed to carry out a safeguarding investigation into concerns regarding her daughter’s weight gain.
2. Ms X says this caused distress to her and her daughter.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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)
4. We provide a free service but must use public money carefully. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
5. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended)
6. If we are satisfied with an organisation’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)

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How I considered this complaint

7. I considered the information provided by Ms X and the Council.
8. I considered our Guidance on Remedies.
9. I carefully considered comments made by the Council and Ms X on previous draft decisions before I made this final decision.

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What I found

What happened

Bandage application

10. Ms X’s daughter, Z, is an adult with a disability.
11. Z receives 24-hour care and support from the Council in her supported living accommodation and visits her mother, Ms X, on a regular basis.
12. Care records from 11 May 2021 show Z’s doctor visited her and noticed she had a sore left foot with some broken skin believed to be caused by her footwear rubbing.
13. The doctor prescribed a cream and antibiotics and said Z needed to wear an elasticated bandage to keep the area clean and protected. The same day, care staff took Z to purchase new footwear that did not rub her feet.
14. The Council’s medical administration records and care records confirm that Z’s medication, cream and elasticated bandage were prescribed by the doctor and staff administered them regularly as prescribed.
15. Ms X complained to the Council on 4 June 2021 as she said several times when her daughter visited her, the bandage was applied too tightly, and on one occasion was around her ankle rather than covering her heel.
16. The Council responded on 2 July 2021 and said staff were following the GP’s advice regarding the bandage and apologised for the occasion where the bandage was around her ankle. It said it had addressed this with staff.

Weight gain

17. Ms X and Z went on holiday together in July 2021.
18. Ms X’s daughter’s weight is regularly monitored due to her health. On her return from the holiday, the Council observed Z had gained weight.
19. Ms X complained to the Council in October 2021. She said it was blaming her for the weight gain and asked it to carry out a safeguarding investigation to establish what caused it.
20. The Council responded to Ms X’s complaint two months later to say “there was no blame being placed on anyone” regarding the weight gain and “it is quite normal that people often put on weight when they are on holiday”.
21. The Council said that because Ms X had complained, it had asked its Safeguarding Lead to review her daughter’s case to see whether it should be investigated as a safeguarding matter.
22. The Safeguarding Lead reviewed the details of the case and said it was not proportionate to investigate this as a safeguarding issue and Z’s dietician had no concerns regarding the weight gain on holiday.
23. The Council and dietician agreed to attend a meeting with Ms X to discuss her concerns further and make a plan going forward regarding her daughter’s weight.

My findings

Bandage application

24. The Council kept records of the doctor’s appointment and kept a running log of medical administration regarding Z’s foot injury for the duration of the treatment. There is no evidence that the Council falsified advice from Z’s GP or that it caused Z harm by failing to treat her foot properly. There was no fault in the Council’s actions.
25. In relation to Ms X’s complaint that the Council failed to communicate with her properly regarding the bandage, it is clear Ms X was seeing her daughter regularly and was aware of the foot injury. It was open to her to raise any queries or concerns with her daughter’s support staff or to the Council. When she did so, the Council recorded them and responded appropriately. There was no fault in the Council’s actions.
26. The Council apologised for the occasion when Ms X’s bandage was above the affected area and said it would raise the matter with staff. This was appropriate action for the Council to take. There was no fault.

Weight gain

27. The Council said it placed no blame on anyone for Z’s weight gain during her holiday as this is quite normal. It said the weight gain did not meet the criteria for a safeguarding investigation.
28. After Ms X complained, the Council reviewed the case again with its Safeguarding Lead who involved Z’s dietician and again confirmed it did not require a safeguarding investigation.
29. This was appropriate action for the Council to take. There is not enough evidence of fault to justify us investigating this element of the complaint any further.

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Final decision

30. There was no fault in the Council’s actions. I have ended my investigation.

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Investigator's decision on behalf of the Ombudsman