Summary: We will not investigate Ms X’s complaint about the quality of care her brother, Mr Y, received from the Council up to 2023. The Council has investigated Ms X’s concerns, provided a detailed reply and offered to meet with her to help resolve any outstanding concerns. We could not add to the Council’s response or achieve the outcomes Ms X wants, especially as Mr Y is in hospital and any future plan for his discharge will include reviewing his current needs for care and support.

The complaint

1. Ms X has made a complaint to us on Mr Y’s behalf about the Council:

• not putting measures in place to help prevent suicide attempts by Mr Y, and not taking Ms X’s concerns seriously;
• not providing the support Mr Y needs to express his wishes and feelings;
• failing to help avoid Mr Y’s admission to hospital;
• ignoring Ms X’s requests to speak with the clinical team; and,
• abusing its position.

2. Ms X alleges the Council’s actions have caused a worsening of Mr Y’s physical, mental and emotional health. She wants the Council to allow Mr Y to change social worker, have his needs reassessed and be given 24 hour support for the next year to help prevent further suicide attempts.

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The Ombudsman’s role and powers

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, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. The Council responded in December 2023 to the elements of Ms X’s complaints listed above. It has explained the action it had taken to help support Mr Y and the reasons why it took specific steps which Ms X disagrees with. The Council has completed a detailed review of its case records and spoken to relevant staff involved in Mr Y’s case. It has explained its rationale for not providing the additional support Ms X believes Mr Y needs and why it would not be in his best interests to change his social worker. The Council is entitled to make such decisions based on its professional judgement.
6. The Council has offered to meet with Ms X to discuss and resolve any ongoing concerns she may continue to have about her brother’s care.
7. Ms X has told us Mr Y is in hospital because of his poor mental health, and there is as yet no plan for him to leave hospital. Any discharge plan will, in due course, include a review of Mr Y’s needs at the time, rather than over twelve months ago. It will normally involve his family members and consider what is in his best interests. We could not therefore achieve anything meaningful for Mr Y, or to resolve Ms X’s concerns now.

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Final decision

8. We will not investigate Ms X’s complaint because we cannot add to the Council’s previous response to events which happened over twelve months ago, and cannot achieve the outcomes Ms X wants.

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Investigator's decision on behalf of the Ombudsman