Summary: We will not investigate this complaint about adult social care at home. It is unlikely we would add to other investigations already completed or underway.

The complaint

1. Mr B says the Council failed in the care it provided to his relative, Ms C, leading to her death. Mr B wants the Council to improve care to reduce the risk of this happening to anyone else.

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The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

3. Ms C has died; we have accepted Mr B as a suitable representative.
4. 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 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms C was receiving adult social care at home arranged by the Council. Mr B is concerned about the standard of care Ms C was receiving, and on the day she had a fall and went into hospital.
8. The Council completed a safeguarding enquiry and a complaint investigation. It has referred concerns to the quality team who oversee contracts with care providers. It has acted with the care provider to improve future service.
9. The Ombudsman could not decide the Council’s actions caused or contributed to Ms C’s death. The coroner is completing an enquiry and can make recommendations to prevent future deaths.

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Final decision

10. We will not investigate Mr B’s complaint because it is unlikely we would add to other investigations. We can provide no personal remedy to Ms C for the impact of any poor care she received, and service improvements have been completed from other investigations.

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Investigator's decision on behalf of the Ombudsman