Summary: We will not investigate Mrs X’s complaint about the care her late partner Mr Y received from the Care provider acting on behalf of the Council. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Mrs X complained that the Care Provider restricted her access to her late partner and failed to ensure he received proper care.
2. Mrs X said she was caused upset and distress by the Care Provider’s actions.

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The Ombudsman’s role and powers

3. 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), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X’s late partner Mr Y was placed in a care home following a needs assessment carried out by the Council.
7. Mrs X complained to the Council’s following Mr Y’s death and said that the Care Provider had stopped her from seeing Mr Y on his own and was not caring for him properly, leading him to become ill and lose weight.
8. The Council investigated and responded to Mrs X with its findings. The Care Provider temporarily restricted Mrs X from visiting Mr Y in his room due to concerns for his emotional wellbeing. The Care Provider provided information showing it had carried out health assessments as necessary and there were no concerns on the Council’s part as to the care Mr Y received. The Council therefore did not uphold Mrs X’s complaint.
9. Mrs X remains unhappy with the situation. The Council has investigated the Care Provider’s actions and found no evidence Mr Y received improper care. There is no evidence of flaws in the Council’s investigation. Further, there is no evidence that indicates the Care Provider’s actions were not in Mr Y’s best interests. An investigation into this matter would therefore be unlikely to result in a finding of fault on the Council’s part.

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Final decision

10. We will not investigate Mrs X’s complaint because we would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman