Hampshire County Council (24 008 942)

Category : Adult care services > Safeguarding

Decision : Closed after initial enquiries

Decision date : 15 Nov 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about adult social care and the events leading to a death. It is unlikely we would add to investigations already completed, and we understand there will be an inquest. It is unlikely an Ombudsman investigation would lead to a different outcome.

The complaint

  1. Ms B says the Council failed to properly support her relative, Mr C. Ms B believes Mr C’s death could have been prevented with proper support. This is devastating for Ms B.

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The Ombudsman’s role and powers

  1. 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
  • there is another body better placed to consider this complaint.

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

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr C was an adult receiving support from adult social care. The Council failed to review Mr C’s support each year as it should have done.
  2. Following Mr C’s death, the Council completed a serious incident review and shared its findings with Ms B. The Council would take learning from its failure to regularly review and would improve future service.
  3. The Ombudsman cannot say the Council’s actions, or inaction, caused or contributed to Mr C’s death. Only a coroner can make such findings, and I understand an inquest will be completed into Mr C’s death.

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Final decision

  1. We will not investigate Ms B’s complaint because it is unlikely we would add to investigations already completed, or that are yet to be completed. We understand Ms B’s upset, but it is unlikely an Ombudsman investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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