Summary: We will not investigate Mrs X’s complaint about how the Council carried out safeguarding enquiries. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs X complains about the outcome of safeguarding enquiries into the quality of care provided by her late mother’s Care Provider.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as Care Providers where a person’s care is funded in its entirety by the NHS. (Local Government Act 1974, sections 25 and 34(1), as amended)
4. 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.
5. Complaints about NHS Continuing Healthcare (CHC) are dealt with by the Parliamentary and Health Service Ombudsman.

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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

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

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My assessment

8. Mrs X’s mother, Mrs Y, was in respite care with a Care Provider for approximately four weeks before she died. Mrs X raised concerns with the Council about the standard of care Mrs Y had received.
9. Mrs Y’s care was funded through NHS Continuing Healthcare funding. We cannot investigate Mrs X’s complaint about the quality of care. Complaints about these matters are considered by the Parliamentary and Health Service Ombudsman.
10. The Council confirmed it carried out safeguarding enquiries in response to Mrs X’s concerns. It says it collated information from the Care Provider, the Medical Examiner, and the Coroner. It also says it examined Mrs Y’s care records. It also considered an NHS report. It advised it made specific recommendations to the provider about adequacy of care plans, record keeping, consideration of requirements for and monitoring of clinical observations, and management oversight.
11. The Council had a duty to carry out safeguarding enquiries. From the information we have seen it followed the correct process and sought relevant information before coming to a considered decision. There is not enough evidence of fault in the Council’s consideration of the matter to justify an investigation by the Ombudsman.

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Final decision

12. We will not investigate Mrs X’s complaint because there is not enough evidence of fault in the actions of the Council.

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Investigator's decision on behalf of the Ombudsman