Summary: We will not investigate this complaint about adult safeguarding because we could not add to a Safeguarding Adults Review or reach a different outcome, and we cannot achieve the outcome Mr B wants of holding individuals to account.

The complaint

1. The Council’s safeguarding investigation found Mr B’s partner (Mr C) received neglectful care at a care home. Mr B complains that the individual professionals involved in the case have not been held accountable. Mr B has been unable to grieve properly and wants the individuals who did not act quickly enough when he raised his concerns about Mr C’s care to be accountable.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. Following the Council’s safeguarding investigation into the neglect of Mr C the Safeguarding Adults Board (SAB) are conducting a Safeguarding Adults Review (SAR). The purpose of that is to ‘promote effective learning and improvement action to prevent future deaths or serious harm occurring again’. The aim is that lessons can be learned from the case and for those lessons to be applied to future cases to prevent similar harm re-occurring.
6. It is unlikely that any investigation by the Ombudsman could add anything to this process or result in a different outcome.
7. The purpose of a SAR is not to hold any individual or organisation to account, and so it does not achieve the outcome Mr B wants. Other processes exist for that purpose, including criminal proceedings, disciplinary proceedings, and regulatory bodies such as the Nursing and Midwifery Council, the Health and Care Professions Council and the Care Quality Commission.
8. An Ombudsman investigation would not achieve the outcome Mr B wants. Professionals act for and on behalf of the organisation they work for. The Ombudsman does not investigate individuals and hold individuals to account. The Ombudsman cannot get involved in employment matters, such as recommending a body in its jurisdiction take disciplinary action against one of its employees.

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Final decision

9. We will not investigate Mr B’s complaint because we could not achieve the outcome he wants, and it is unlikely we could add to the SAB’s investigation or reach a different outcome.

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Investigator's decision on behalf of the Ombudsman