Summary: Mr X and Ms Y complain the Council failed to deal properly with safeguarding concerns relating to their late daughter, Ms W, causing unnecessary and avoidable distress. We have discontinued the investigation into this complaint until the outcome of an inquest into the circumstances leading to Ms W’s death is known.

The complaint

1. The complainants, whom I shall refer to as Mr X and Ms Y, complain the Council failed to deal properly with safeguarding concerns relating to their late daughter, Miss W, causing unnecessary and avoidable distress.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

3. I have:
• considered the complaint and the documents provided by Mr X and Ms Y;
• discussed the complaint with Mr X and Ms Y;
• considered the information the Council has provided;
• invited comments on a draft of this statement from Mr X, Ms Y and the Council, for me to consider before making my final decision.

Back to top

What I found

4. When Ms W died in May 2022, she was living in Brighton with care and support arranged by another council from a care agency. Brighton & Hove City Council had been making enquiries into safeguarding concerns.
5. An inquest is to be held into the circumstances surrounding Ms W’s death later this year. The coroner has confirmed that the scope of the inquest will include:
• the care and treatment provided by the NHS;
• the care provided by the other council; and
• the involvement of Brighton & Hove City Council while she was living in its area.

Are there grounds to continue the investigation?

6. As Brighton & Hove City Council’s involvement was largely within the context of its enquiries into the safeguarding concerns, there is likely to be some overlap between the complaint to the Ombudsman and the things the coroner will consider. Within the context, it would not be appropriate for me to investigate the complaint until the outcome of the inquest is known. The coroner’s findings could have implications for our investigation. When the outcome of the inquest is known, it will be open to Mr X and Ms X to contact us again if there are issues which remain outstanding.

Back to top

Final decision

7. I have discontinued my investigation on the basis we should not investigate the complaint until the outcome of the inquest is known.

Back to top

Investigator's decision on behalf of the Ombudsman