Summary: We will not investigate this complaint about the Council’s safeguarding involvement with Mr Y shortly before his death. There is insufficient evidence of fault by the Council to warrant investigation.

The complaint

1. Mr X complained the Council failed to take action to safeguard his father (Mr Y), in the lead up to his death at his home. Mr X said he had been caused significant distress, and he wanted the Council to accept fault.

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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 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

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

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My assessment

5. Mr X was estranged from his father, but requested information from the Council after finding out Mr Y had died. He subsequently complained to the Council, then us, as he was concerned the Council did not do enough to safeguard his father in the lead up to his death. The Council had received a safeguarding referral from a concerned member of the public 15 days before Mr Y was found deceased.
6. In the intervening time, the Council made enquiries with the police and Mr Y’s GP and attempted to contact Mr Y by telephone. It visited his home and contacted the police when Mr Y did not answer. The police identified Mr Y had been admitted to hospital. The Council therefore made contact with the NHS safeguarding team and requested information to assist its enquiries.
7. The purpose of a Section 42 enquiry is to identify whether action is required to protect the person. While Mr Y was in hospital, then under the care of community nurses, the risk to him was reduced. The Council was then not made aware when Mr Y was subsequently discharged from the ‘virtual ward’, the day before he was found deceased.
8. There is insufficient evidence of fault by the Council, as it began making proportionate enquiries based on the information available to it at the time. It was not made aware of Mr Y’s discharge from the virtual ward until after he had already been found deceased. It was not able to make contact with Mr Y before he died, and it subsequently closed its Section 42 enquiry after being notified of his death.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to justify investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman