Summary: We will not investigate this complaint about the actions of a care provider relating to safeguarding concerns for Mrs Y at this time. A coroner’s inquest is due to be held, and we could not come to sound conclusions until that process has concluded.

The complaint

1. Mrs X complained about a care provider’s failure to properly investigate safeguarding concerns, and the conduct of the staff members who carried out the investigations. She says the Council found significant concerns when it investigated the matter. Mrs X says the failures by the care provider contributed to her mother’s (Mrs Y’s) death. Mrs X says the care provider’s actions have worsened her distress at a time of grief. She wants the care provider to acknowledge fault and provide a formal and meaningful apology. She wants service improvements imposed by the Council to be carried out and a financial remedy for the distress the matter has caused her.

Back to top

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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mrs X’s mother, Mrs Y, lived in a care home and passed away unexpectedly.
   Mrs X raised concerns about the circumstances leading up to Mrs Y’s death, including serious neglect and acts of omission. She says the care provider’s internal investigations into the matter were flawed and of poor quality.
6. Mrs X says the care provider’s actions directly contributed to her mother’s untimely death, and its lack of transparency since has worsened her trauma and left her with more questions than answers.
7. A coroner’s inquest is due to take place. The Ombudsman cannot say the care provider’s actions caused Mrs Y’s death, and we could not come to sound conclusions about any fault and injustice until the inquest has concluded. It is open to Mrs X to complain to us again after the outcome of the inquest is known.

Back to top

Final decision

8. We will not investigate Mrs X’s complaint because there is an ongoing coroner’s inquest, the results of which are needed before we could come to sound conclusions.

Back to top

Investigator's decision on behalf of the Ombudsman