Summary: We will not investigate this complaint about the Council’s actions regarding the care of Ms Y. This is because further investigation would not lead to a different outcome and there is a body better placed to consider parts of the complaint.

The complaint

1. Mrs X complains on behalf of Ms Y the Council have failed to undertake agreed actions regarding Ms Y’s care. Mrs X raises concerns regarding:

• social worker allocation, frequency of meetings and communication
• Fire safety and building maintenance
• Safeguarding
• the Council staff’s interpretation of the role of Power of Attorney (POA)

2. Mrs X says having to deal with the Adult Social Care service has impacted her health and wellbeing. She has had to take time off work and her personal and professional life has been impacted.
3. Mrs X says the Council needs to take the agreed action. She would also like it to compensate her for her lost time and for harm to her and Ms Y’s health and wellbeing.

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The Ombudsman’s role and powers

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:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(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. Mrs X says the Council failed to provide Ms Y with a different social worker. The Council explained it was difficult to allocate staff who met Ms Y’s particular preferences. It said Ms Y did not currently require involvement from a social worker. But it acknowledged Mrs X’s role in decision making. It is unlikely that further investigation will lead to a different outcome.
8. Mrs X complained about the Council’s communication with her. The Council explained when meetings should take place and reassured Mrs X she was invited to meetings when appropriate. It apologised for any delays in responding and said it would review processes to improve responsiveness. It updated its records to reflect a factual error Mrs X drew to its attention. It is unlikely that further investigation will lead to a different outcome.
9. Mrs X says the Council failed to address fire safety and building maintenance issues. The Council explained this was the responsibility of Ms Y’s landlord. It said it would continue to monitor safeguarding and safety concerns, but also said as POA Mrs X could complain to Ms Y’s landlord. The Housing Ombudsman deals with complaints regarding the letting of housing by Housing Associations. Therefore, we will not investigate these parts of the complaint, as the Housing Ombudsman is better placed to consider them.
10. Mrs X says the Council did not take adequate steps to safeguard Mrs Y. The Council explained the steps it had taken and the limitations it faced given Ms Y had capacity at the time. It said Mrs X’s role as POA was critical in keeping Ms Y safe. It is unlikely that further investigation will lead to a different outcome.
11. The Council acknowledged Mrs X role as appointed attorney and reflected on the responsibilities involved. It stated its commitment to work with Mrs X and said it would remind staff to respect the legal framework governing Lasting Power of Attorney’s and to seek internal legal advice where needed. It is unlikely that further investigation will lead to a different outcome.

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Final decision

12. We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome and there is another body better placed to consider parts of the complaint.

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Investigator's decision on behalf of the Ombudsman