Summary: We will not investigate this complaint about Mrs Y’s contact with her mother and poor communication between the Council and Care Provider. The substantive issue is currently being investigated by the police, whose actions we cannot investigate. In any event, Mrs Y’s injustice has not been caused by any fault.

The complaint

2. Mrs Y complained she has been prevented from seeing her mother due to allegations made against her. Mrs Y says the communication between the Council and Care Provider has been poor which has led to her making multiple complaints over the last 18 months. Mrs Y says this has had a significant impact on her emotional and physical health as well as having a financial impact. Mrs Y would like a financial remedy, better communication between the Council and Care Providers and to be able to see her mother.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, Section 26, paragraph 2 as amended)
5. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the NHS. (Local Government Act 1974, sections 25 and 34(1), as amended)
6. 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:

• any injustice is not significant enough to justify our involvement, or
• any fault has not caused injustice to the person who complained, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mrs Y complained social services has prevented her from visiting her mother following a safeguarding allegation being made against her. The Council states there is an ongoing police investigation due to outstanding safeguarding concerns. We cannot investigate actions or decisions by the police, and so any concerns about this process and its outcome are not for the Ombudsman.
10. There were occasions where Mrs Y has been unable to visit her mother while she was living in a care home. However, this was because her mother did not want contact with Mrs Y, rather than a restriction by the Council or Care Provider.
11. Mrs Y’s mother is currently detained under the Mental Health Act, meaning that any current issues around visits should now be raised with the NHS, and then the Parliamentary and Health Services Ombudsman if necessary, rather than us.
12. There was a delay in the Council responding to Mrs Y’s complaint, however there is insufficient evidence that this, in itself, has caused Mrs Y a significant injustice. However, in any event, it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
13. We also could not achieve the outcome Mrs Y seeks in any event, as the Ombudsman cannot compel Mrs Y’s mother to have contact with Mrs Y.

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Final decision

14. We will not investigate Mrs Y’s complaint because the substantive matter is currently subject to a police investigation. In any event, the injustice Mrs Y claims was not caused by fault by the Council.

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Investigator's decision on behalf of the Ombudsman