Summary: We will not investigate this complaint about adult social care. We are satisfied the Council has thoroughly investigated and responded. The Council has accepted any failures in service, apologised, and taken action to improve service and communication. It is unlikely an Ombudsman investigation would achieve anything further.

The complaint

1. The Council has abused Mr B and his mother, Mrs C, who lives in a Council run extra care and housing accommodation. Mr B says the Council ignores their concerns and does not care. The family are constantly worried and have tried all avenues to try and improve Mrs C’s care support. Mr B wants a public apology and substantial compensation.

Back to top

The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who cannot authorise someone to act for them. The complaint may be made by someone we consider to be suitable. We have accepted Mr B as suitable to raise a complaint for Mrs C. (Local Government Act 1974, section 26A(2), as amended)
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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr B is understandably worried about his elderly mother, he has had reason to raise many concerns about her care over the last few years. The Council has thoroughly investigated and responded to Mr B’s concerns, through its complaint process and safeguarding. The Council accepted where its service had failed. The Council held a meeting which involved all relevant parties to talk through the issues of concern and explain the actions parties would take to improve matters. The Council has also provided written complaint responses which confirm actions it will take to improve service, and an apology for the distress to the family.
8. The evidence supports the Council has not ignored concerns and has thoroughly investigated and responded. There is no evidence to support abuse of Mrs C, or her family. Any concerns of abuse or neglect should be reported to safeguarding. While the family worry the Council is both the safeguarding authority and service provider, there is nothing to support the Council has not properly undertaken its safeguarding duties.
9. It is unlikely the Ombudsman would find evidence of contempt for the family or of bullying by the Council or organisations acting on its behalf. It was appropriate action of the Council to get all parties together at a meeting to openly discuss concerns. The Council accepts communication needs to be improved and has given the family a single point of contact.
10. The Council has also given choices to provide more consistency in Mrs C’s care, such as support from one care agency rather than two.
11. I am satisfied the Council has properly investigated and responded to the concerns raised. The Council has apologised to the family for any failures in service and has put actions in place and suggested ways to improve both the care and the communication. It is unlikely that further investigation by the Ombudsman would achieve anything further. Mr B has referred to compensation, but we provide remedies for injustice, not compensation, punishment, or fines. Our focus is on taking practical steps to put things right, which I am satisfied the Council is doing.
12. As the family are worried about their mother’s safety, they may wish to consider whether the placement is in her best interests. If they decide it best Mrs C remains there, then they should be reassured they can continue to raise concerns via the single point of contact which will then be dealt with and responded to. It is impossible to remove all risks, and sometimes things will go wrong such as missing laundry. The important thing is the Council, or Care Provider on its behalf, properly deals with the issues raised. I am satisfied that is happening.

Back to top

Final decision

13. We will not investigate Mr B’s complaint because we are satisfied the Council has thoroughly investigated and responded. The Council has accepted any failures in service, apologised, and taken action to improve service and communication. It is unlikely an Ombudsman investigation would achieve anything further.

Back to top

Investigator's decision on behalf of the Ombudsman