Summary: We will not investigate this complaint about adult social care. There is no evidence to support Mrs C cannot see her husband because of fault by the Council.

The complaint

1. Mrs C says the Council will not allow her to see her husband (Mr D), which is causing her significant upset.

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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 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 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

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

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My assessment

5. Mr D is the adult receiving social care support. The Council has assessed Mr D has capacity to make his own decisions and is supporting him in his choices.
6. It is understandably upsetting for Mrs C that she cannot see her husband, but there is no evidence to support that injustice is caused by fault of the Council.

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Final decision

7. We will not investigate Mrs C’s complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman