Devon County Council (22 011 201)

Category : Adult care services > Safeguarding

Decision : Closed after initial enquiries

Decision date : 10 Mar 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a safeguarding meeting held by the Council. It is unlikely we would find fault.

The complaint

  1. Ms X complained about a safeguarding meeting which was held to look into the care provided to her father, Mr Z, when he was a resident at a care home. Ms X said:
    • the reports relied on were inaccurate;
    • she was late receiving the minutes which were not a true record of the meeting and were also inaccurate;
    • the Chair refused to make the amendments she submitted; and
    • the Chair refused to provide the information she requested.
  2. Ms X said she would like to know her father’s death was not in vain.

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The Ombudsman’s role and powers

  1. 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))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Following the death of Mr Z, a number of concerns were raised and then Council began its safeguarding procedures. A safeguarding meeting was held as part of these procedures which Ms X and other family members attended, together with a representative from the care home and other professionals.
  2. Following the meeting the Chair circulated the minutes. Ms X was unhappy and requested a number of amendments. She also asked for copies of reports and records relied upon by the professionals at the meeting.
  3. The Chair accepted some of the amendments. Where they were not incorporated, the Chair explained why. The Chair said that if Ms X wanted copied of the reports relied on, she would have to make a freedom of access request.
  4. Ms X complained to the Council. It apologised the minutes had been issued late and explained why. It did not uphold any of her other complaints.
  5. We will not investigate this complaint. Ms X was able to attend the safeguarding meeting with other family members and contribute to the discussions. The minutes were circulated late but the Council has already apologised for this which is suitable action to take. Ms X’s amendments to the minutes were considered and where they were refused, the Council gave an explanation why. She was given details of how to request the information she wanted access to. For these reasons, it is unlikely we would find fault if we investigated.

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Final decision

  1. We will not investigate Ms X’s complaint because it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman

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