Summary: We will not investigate Mrs X’s complaint that the Council failed to safeguard her father from neglect in the months prior to his death. The Council has appropriately investigated and responded to her concerns. An investigation by us would be unlikely to add to the Council’s investigation or achieve anything more.

The complaint

1. Mrs X complains the Council did not take sufficient action to safeguard her father from poor care and neglect in the months prior to his death. She says her father suffered as a result and the matter has caused her significant distress. She wants the Council to apologise for its failings and offer her family compensation.

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 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. In its complaint investigation and responses to Mrs X, the Council accepted some errors in its safeguarding procedures and decision making. It apologised to Mrs X for poor communication, the decision-making errors and the impact of this on her. However, it said it could not conclude that the deterioration in Mr X’s health was caused by the Council’s actions or inactions or by poor practice by the care provider. It set out what action it had taken to learn from the complaint and improve its service.
6. I have considered the Council’s complaint investigation report and its responses to her complaint. The Council’s investigation appears to be robust and a thorough consideration of her concerns. The investigator explained how they had considered the evidence and reached their decisions and conclusions. It has apologised to her for identified errors and set out how it has improved its service going forward.
7. We will not investigate this complaint. Although I accept Mrs X is dissatisfied with the Council’s response and has further questions, it is not our role to answer every question a complainant may have. An investigation by us would be unlikely to add to the Council’s investigation or achieve anything more.

Back to top

Final decision

8. We will not investigate Mrs X’s complaint because we could not add to the Council's investigation or achieve anything more.

Back to top

Investigator's decision on behalf of the Ombudsman