Summary: We will not investigate Mr X’s complaint about the Council refusing to initiate a safeguarding investigation in relation to his mother, Mrs Y. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complained the Council failed to investigate his safeguarding concerns regarding his mother, Mrs Y, who currently resides in a nursing home. He said the safeguarding concerns are about the Nursing Home not involving him in his mother’s care and support. He wants the Council to accept it acted with fault and provide him with an apology for the distress caused. He also wants the Council to investigate his concerns.

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

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My assessment

5. Mr X’s mother, Mrs Y, lives in a nursing home. Mr X said he has Lasting Power of Attorney (LPA) for his mother’s health and welfare and he is his mother’s next of kin.
6. Mr X raised a safeguarding concern with the Council. He said the Nursing Home was refusing to share information with him about his mother’s care and support and was not involving him in any relative discussions. Mr X said the Nursing Home’s reasons were due to the Court of Protection and the Office of the Public Guardian currently reviewing his position as an LPA for his mother. Mr X was concerned because his mother was vulnerable and did not have an advocate.
7. The Council responded to Mr X and:
• said his concerns were not matters for a safeguarding investigation. Instead, they were related to the authority for making decisions about his mother’s care and treatment and the Nursing Home’s lack of information sharing with him. It did not consider Mrs Y was being subjected to abuse or neglect or was at risk of it;
• explained any disputes about the current status of Mrs Y’s LPA were for the Court of Protection and the Office of the Public Guardian; and
• advised Mr X to contact the Nursing Home and request it explained how it was involving him in best-interests decisions in line with the Mental Capacity Act 2005, including consideration of Mrs Y’s wishes and his views. It also advised Mr X to ask for a clear plan on sharing appropriate updates, based on Mrs Y’s consent or best-interests if she lacked capacity. It said if Mr X remained concerned, he could complain to the Nursing Home.
8. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council. Under the Care Act 2014, councils can decide not to carry out a formal safeguarding investigation if it reasonably believes a person is not experiencing abuse or neglect or is at risk of it. It assessed Mr X’s concerns and explained to him the reasons why it would not initiate a safeguarding investigation. This was appropriate.
9. Furthermore, the Council appropriately explained to Mr X certain matters were not for the Council to investigate and advised him on what actions he should take regarding the Nursing Home not sharing information with him about his mother’s care and treatment or involving him in relative discussions.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman