Devon County Council (21 016 767)
Category : Adult care services > Safeguarding
Decision : Closed after initial enquiries
Decision date : 30 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s safeguarding investigation. There is not sufficient evidence of fault by the Council to justify investigating.
The complaint
- Mrs X complained about the Council’s safeguarding investigation, relating to her mother’s (Mrs Y’s) privately funded care. Mrs X and Mrs Y experienced distress, and Mrs X wants an apology and explanations.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In early 2021, the Council received a safeguarding referral from paramedics who had attended Mrs Y’s care home after she had suffered a fall. They raised concerns about Mrs Y’s condition and a comment made by a carer.
- The Council investigated the concerns. It ensured Mrs Y was not discharged to the care home pending the outcome of its involvement. It took the necessary steps to ensure Mrs Y was safeguarded and there is no evidence of fault in its actions. It also sought improvements from the Care Provider to ensure other residents would be protected.
- As the care was privately funded and arranged, the Council is not responsible for the Care Provider’s actions in this case. We will consider events before Mrs Y’s hospital admission separately.
Final decision
- We will not investigate Mrs X’s complaint because there is not enough evidence we would find fault in the Council’s actions.
Investigator's decision on behalf of the Ombudsman