Summary: We will not investigate this complaint about an incident in a care home at this time. There are ongoing enquiries by the police and the Council, and until these processes have finished, we could not come to sound conclusions.

The complaint

1. Miss X complained about a lack of response relating to an alleged assault towards her grandmother (Mrs Y) in a care home. She says the care home did not take measures to prevent the incident, despite the family having raised concerns previously. Miss X says the family have experienced distress and Mrs Y’s safety was unnecessarily jeopardised. She worries other vulnerable residents may be left at risk in the care home. She wants the care home staff to be held to account.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Council commissioned Mrs Y’s care in a care home. Miss X says Mrs Y was the victim of an assault at the home. Miss X contacted the police about the incident and the family arranged for Mrs Y to move to alternative accommodation.
6. The Council has also undertaken some safeguarding enquiries. However, these enquiries are currently paused to enable the police to investigate the matter. Until the outcomes of these processes are known, we could not come to sound conclusions about what happened, whether the care provider was at fault and, if so, what impact that had on Mrs Y and her family. We could not decide an assault occurred, and the outcomes of these processes will inform our decision.
7. As Mrs Y has moved to new accommodation, there is not an ongoing risk to her that would indicate an urgent investigation is necessary. Miss X is concerned about risk to other vulnerable residents in the care home. However, she has informed the Care Quality Commission about her concerns which means it can consider this information in its reviewing schedule. The care provider’s and the Council’s duties to safeguard vulnerable adults continue in the meantime and we would expect the care provider and the Council to consider any further concerns.
8. After the police and the Council’s safeguarding team have completed their enquiries, it is open to Miss X to complain to us again promptly and we can consider at that time whether we can, and should, investigate the complaint.

Back to top

Final decision

9. We will not investigate Miss X’s complaint because there are ongoing police and safeguarding enquiries. Until the outcomes of these are known, we could not come to sound conclusions.

Back to top

Investigator's decision on behalf of the Ombudsman