Summary: We will not investigate this complaint about the way the council managed the care and treatment of Mr X’s late relative, Mrs Y. This is because we cannot achieve anything for Mrs Y now and the injustice for Mr X is not significant enough to warrant our involvement.

The complaint

1. Mr X complains that his relative, Mrs Y did not receive appropriate care to meet her needs while living in a care home following discharge from hospital. He says the Council did not assess Mrs Y’s needs adequately and did not address safeguarding concerns. Mr X says Mrs Y’s health declined as a result. This has been distressing for Mr X and his family.

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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by Mr X. I considered the Ombudsman’s Assessment Code.

Back to top

Final decision

4. We will not investigate Mr X’s complaint. The person mostly affected by the alleged fault, Mrs Y, has died and so we can provide no remedy for any injustice to her. Mr X and his family might also have suffered some distress but that in itself does not warrant us spending time and public money on investigating.

Back to top

Investigator's decision on behalf of the Ombudsman