Summary: Ms X complained the Council failed to meet Mrs Y’s care needs. Ms X says this impacted Mrs Y’s physical health and emotional wellbeing. We find no fault with the Council.

The complaint

1. Ms X complains the Council has failed to meet Mrs Y’s care needs since 2007.
2. Ms X says this impacted her Mrs Y’s physical health and emotional wellbeing. It also caused her avoidable and unnecessary distress which impacted her mental health.

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The Ombudsman’s role and powers

3. We may investigate complaints from the person affected by the complaint issues, or from someone else if they have given their consent. If the person affected cannot give their consent, we may investigate a complaint from a person we decide is a suitable representative. (section 26A or 34C, Local Government Act 1974)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)
5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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What I have and have not investigated

7. Ms X complains about matters which began in 2007. Ms X bought her complaint to the Ombudsman in April 2025. As I have said above, we cannot investigate complaints from over 12 months ago unless there is good reason. I consider Ms X could have complained sooner. For this reason, I will investigate matters from April 2024.

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How I considered this complaint

8. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
9. Ms X and the Council had an opportunity to comment on a draft of this decision. I considered all comments received before making this final decision.

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What I found

What should have happened

10. A council must make enquiries if it thinks a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themselves. An enquiry is the action taken by a council in response to a concern about abuse or neglect. An enquiry could range from a conversation with the person who is the subject of the concern, to a more formal multi-agency arrangement. A council must also decide whether it or another person or agency should take any action to protect the person from abuse. (section 42, Care Act 2014)
11. The Care Quality Commission (CQC) is the statutory regulator of care services. It keeps a register of care providers that meet the fundamental standards of care, inspects care services, and reports its findings. It can also enforce against breaches of fundamental care standards and prosecute offences.
12. The Care and Support and Aftercare (Choice of Accommodation) Regulations 2014 set out what people should expect from a council when it arranges a care home place for them. Where the care planning process has determined a person’s needs are best met in a care home, the council must provide for the person’s preferred choice of accommodation, subject to certain conditions.

What happened

13. Mrs Y has several health conditions. The Council assessed her needs were best met in a care home. It commissioned a placement in Care Home A, which provides 24-hour care in a residential setting.
14. Since April 2024, Ms X had concerns the care being provided did not meet Mrs Y’s needs. She raised her concerns with care home staff.
15. In summer 2024, Mrs Y’s health declined. The care home staff called an ambulance, which took Mrs Y to hospital. The ambulance crew made a safeguarding referral to the Council regarding their concerns about the facilities in the care home and the care provided to Mrs Y. Ms X also made a complaint to the Council about the care provided to Mrs Y by the care home.
16. Mrs Y was discharged from hospital to Care Home B.
17. In early October, the Council completed an initial safeguarding strategy meeting. It was chaired by a senior Council officer and attended by a social worker and three managers from the care home. It considered the findings from the care home’s internal investigation. The meeting minutes included actions for the social worker obtain more information from district nurses regarding Mrs Y’s condition. It said the senior Council officer would meet with Ms X to discuss the outcome of the meeting.
18. The social worker contacted the district nurse for additional information. The district nurse told the Council the care provided to Mrs Y met her assessed needs.
19. In mid-December, the senior Council officer and social worker met with Ms X to discuss the outcome of the safeguarding strategy meeting. They suggested Ms X also raise her concerns with the CQC. They told Ms X the Council would follow up concerns she raised with its quality monitoring team and arrange another meeting with the manager of the care home. Ms X agreed she was satisfied with the care provided to Mrs Y in Care Home B. The Council closed the safeguarding enquiry.
20. In mid-January 2025, the Council discussed its concerns with the manager of Care Home A. It referred Care Home A to its quality monitoring team for consideration.
21. In February, the Council’s quality monitoring team contacted the manager of Care Home A. It decided to postpone its unannounced visit because the Care Quality Commission planned an inspection during the same month. The Council’s quality monitoring team decided to complete a future unannounced visit later in the year.

Analysis

22. Ms X did not contact the Council about Mrs Y’s care needs or her concerns about the quality of care provided to Mrs Y to the Council until Summer 2024. Once the Council was made aware, I am satisfied it treated the concerns with due seriousness. I am satisfied it completed a thorough investigation in line with its safeguarding process. It sought additional information and demonstrated due consideration to all information available in its decision-making. I consider it did so within a reasonable time frame. It communicated with Mrs Y’s family throughout the process and signposted Ms X to the CQC which is the body better placed to investigate some matters of her complaint. It considered the view of Mrs Y and her family and arranged for Mrs Y to be discharged from hospital to an alternative residential placement and so took action to prevent any further abuse and provided a choice of care home. On balance, I find no fault with the Council.

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Decision

23. I find no fault.

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Investigator's decision on behalf of the Ombudsman