Leeds City Council (24 005 426)
Category : Adult care services > Safeguarding
Decision : Closed after initial enquiries
Decision date : 08 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about adult safeguarding, delays, and failures to keep updated. The Council accepts fault and says it will meet with the complainant to discuss remedy. There is no worthwhile outcome achievable by the Ombudsman while that is continuing.
The complaint
- Ms D says she is waiting for a satisfactory final response from the Council following an assault on her relative (Ms E) in a care home. Ms D’s last contact with the Council was almost a year ago when she was told the Council would update her once it had drawn up relevant guidance. Ms D says she has chased and had no response. Ms D is stressed, angry and worried that vulnerable residents are not protected.
The Ombudsman’s role and powers
- 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
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- It is over 18 months since Ms E was sexually assaulted in the care home where she lives. The Council investigated under safeguarding and under its complaint procedure. It confirmed to Ms D there was fault by professionals involved, apologised to Ms D and Ms E for the impact on them, and said what it would do to prevent future failings. Part of that was producing guidance which it would share with Ms D.
- Ms D has complained to the Ombudsman about the Council’s delay and failure to keep her informed following its December 2023 complaint response. It is unclear whether this has been put as a formal complaint to the Council.
- The Council tells us it has not yet shared the guidance with Ms D because it was only finalised at the end of October. The Council accepts it has failed to keep Ms D updated. The Council says it will meet with Ms D to discuss the guidance, but also to discuss remedy for the impact of the issues complained about.
- I appreciate Ms D’s frustration and annoyance but in my view the Ombudsman should not investigate until the Council has had this further opportunity to resolve matters. It is still possible the complaint can be resolved without the need for an Ombudsman investigation. If Ms D remains unhappy after she has met with the Council, she can raise a new complaint about the delays and failure to keep her updated. This should first exhaust the Council’s complaint process.
Final decision
- We will not investigate Ms D’s complaint because there is no worthwhile outcome achievable until the Council has had the meeting it intends to have with Ms D. It is still possible the complaint can be resolved without the Ombudsman’s involvement, and so it is sensible to allow that opportunity. The Council accepts fault which has had an impact on Ms D and Ms E and will discuss suitable remedy with Ms D.
Investigator's decision on behalf of the Ombudsman