Summary: We will not investigate this complaint about the Council’s care and support provided to Mrs X’s son. There is not enough evidence of fault by the Council to warrant our involvement. Additionally, we cannot achieve the outcome sought by Mrs X.

The complaint

1. Mrs X complained about the care and support her adult son (Y) received, which the Council was responsible for. Mrs X complained about:

• the standard of care and support Y received;
• the Council’s decision about Y’s capacity; and
• the Council’s failure to properly respond to her requests.

2. Mrs X said this caused her a negative physical and mental impact.

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The Ombudsman’s role and powers

3. 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, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained about various parts of the care and support Y received which the Council were responsible for.
7. The Council has provided detailed information about this complaint, including Y’s care and support plan, evidence of its decisions and how it responded to Mrs X’s complaint.
8. Because much of this is private information relating to Y, I cannot share detail of this information with Mrs X, beyond that which is enough to explain my decision.
9. Based on the evidence I have seen, it is unlikely we would find fault in the Council’s actions. I am satisfied the Council responded to Mrs X’s concerns. Therefore, we will not investigate.
10. Additionally, as an outcome to her complaint, Mrs X sought for a change to Y’s care provider and arrangements for a meeting between her and Y to be made. We cannot tell the Council to carry out these actions and therefore we cannot achieve the outcome Mrs X seeks.

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Final decision

11. We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council to warrant our involvement. Additionally, we cannot achieve the outcome sought by Mrs X.

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Investigator's decision on behalf of the Ombudsman