Summary: We will not investigate this complaint regarding a safeguarding complaint made against the Council after the complainant’s mother had a fall during a care call. This is because the Council dealt with the complaint robustly and therefore investigation would not be able to offer anything further.

The complaint

1. The complainant, who I will refer to as Mr E, made a complaint and a safeguarding referral to the Council following his mother’s fall during a care call. This followed on from the care provider being changed. He complains that the Council:
• Failed to properly log his complaint;
• Closed his complaint over 2 years later without his input;
• Failed to properly carry out a safeguarding investigation;
• Failed to follow up significant issues raised in the safeguarding investigation.
2. Mr E would like the issue relating to his mother’s fall re-investigated, and if the carers involved are found to have been negligent, punitive measures should be taken against them as well as undergoing further training and assessment.
3. He would also like a full apology and financial recompense for the anxiety and distress this matter has caused him and his family.

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The Ombudsman’s role and powers

4. 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:
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

5. I considered information provided by Mr E along with our Assessment Code.
6. I have also reviewed Mr E’s comments on my draft decision.

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My assessment

7. Mr E raised concerns to the Council following the care of his mother being passed to a new company.
8. During one care call, his mother had a fall, which resulted in a severe injury. Unfortunately, this was not identified until a few days later.
9. Mr E filed a complaint. The complaint response was sent late for which the Council apologised. However, having read the response, the complaint was logged and investigated.
10. The Council covered all the points Mr E raised, apologised where there was fault, and provided robust action points.
11. Mr E remains dissatisfied with the investigation and the outcome, as the core issue of safeguarding was not upheld. However, he was offered £300.00 remedy in recognition of the impact of the poor procedural practice, and apologies were made for the late complaint response.

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Final decision

12. We will not investigate this complaint. This is because we are unlikely to add anything to the Council’s measures already implemented as a result of the complaint.

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Investigator's decision on behalf of the Ombudsman