Summary: We will not investigate this complaint about adult social care because further investigation would not lead to a different outcome.

The complaint

1. Miss Y complained on behalf of her deceased father that the Council dismissed her concerns for his care and treatment. She also complained that her father was given vaccines without her permission, despite her having a Lasting Power of Attorney (LPA) for his health and finances.
2. Miss Y says the issue has caused upset at witnessing poor care for her father and taken her time up trying to raise a complaint.

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The Ombudsman’s role and powers

3. We investigate 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 continue an investigation if we decide further investigation would not lead to a different outcome. (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 Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. The Council’s responses to Miss Y’s complaint refers to the evidence it has considered, explained how and where the evidence has been collected from, including interviewing relevant members of staff and has referred to relevant guidance and legislation.
6. Following its own investigation, the Council has upheld parts of Miss Y’s complaint, albeit not all of her points of concern. Where it has not upheld the complaint, it has explained its reasons. This includes explaining the doctor who administered the vaccines to her father, was responsible for ensuring that consent had been given and that her father had capacity to make this decision.
7. Where it has found fault, the Council has acted to try to prevent the issue from recurring and learn lessons. The actions have included:
• adjusting their welcome pack information to provide information about changes such as a move in GP practices,
• regularly checking its website email inboxes to ensure timely responses to correspondence,
• sending out text messages to family or carers to confirm vaccinations in advance to allow time for any concerns to be raised; and
• better recording of conversations with family members on a new electronic system.
8. It has also apologised to Miss Y and sought to try to rebuild its relationship and trust with her prior to her father’s death.
9. As the Council has properly considered and investigated the complaint, it is unlikely the Ombudsman would be able to add to the original investigation. Further, the Council has offered a proportionate and appropriate remedy for the injustice caused by its fault in apologising to Miss Y. It has also sought to improve its standards to prevent recurrence of issues in line with our guidance on remedies.
10. Consequently, it is unlikely further consideration of this complaint would lead to a different outcome. On this basis, we will not investigate this complaint.

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Final decision

11. We will not investigate Miss Y’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman