Summary: We will not investigate Mr X’s complaint about how the Council handled a safeguarding investigation into his wife’s care. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains about the Council’s safeguarding investigation into his concerns about the care his wife, Mrs X, received in a care home. He wants the Council to reinvestigate, and he wants care home fees waived. He also wants Mrs X moved to another home.

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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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained about the standard of care provided to Mrs X by the care home where she lives. He said that she had lost the use of her arm and neck because of neglect.
6. The Council carried out safeguarding enquiries. It visited the care home, spoke with the manager and reviewed all the records. It upheld some of Mr X’s concerns. It did not find that neglect led to Mrs X losing the use of her arm or neck.
7. As a result of its investigation, the Council identified several actions to address recording issues and ensure Mrs X was receiving a good standard of care. It oversaw progress on the actions until there was improvement.
8. The Council explained that it could not move Mrs X to another home without permission from the Court of Protection. It said it was writing a detailed report to enable a judge to decide at the next meeting. It said that Mr X would also be able to share his views.
9. The Council had a duty to carry out safeguarding enquiries. From the information I 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

10. We will not investigate Mr 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