Summary: We will not investigate Miss X’s complaint about how the Council handled Mr Z’ finances and care plan. This is because there is not enough evidence of fault to justify investigating. We will not investigate her complaint about poor communication because we could not add to any previous investigation.

The complaint

1. Miss X is the mother of Mr Z. She complained the Council provided poor adult social care to Mr Z by:
• mis-managing his finances without consent and without informing his family; and
• implementing a care plan without his consent and without input from Miss X.
2. Miss X also complained of poor communication from the Social Worker. She said these issues caused a decline in Mr Z’s health and quality of life and contributed to his death. She wanted the Council to:
• acknowledge its alleged fault;
• take disciplinary action against the Social Worker; and
• provide better training to its staff.

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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 could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), 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

Financial matters

6. Miss X said the Council took control of Mr Z’s finances without his consent and without informing his family. She said it also mis-managed his finances.
7. The Court of Protection decided that Mr Z could not manage his own finances. It assigned the Council to manage them on his behalf. Although Mr Z was unhappy with some of the boundaries put in place regarding his spending, there is insufficient evidence of fault by the Council.
8. The Council issued vouchers to Mr Z’s Social Worker on Mr Z’s behalf, to be used towards bills and clothing for him. Miss X raised concerns about how these were used.
9. The Council explained the vouchers were used towards Mr Z’s bills, and any unused vouchers would be issued to another person in need. It confirmed Mr Z’s remaining funds were signed over to Miss X after his death.
10. The Court of Protection assigned the Council to manage Mr Z’s finances because he did not have capacity to do so. The Council explained how Mr Z’s finances were used. There is not enough evidence of fault to justify investigating these points of complaint.

Care plan

11. Miss X said the Council put a care plan in place without Mr Z’s agreement.
12. Councils have a duty to intervene where a person may be at risk of or experiencing abuse or neglect. On this occasion the Council decided intervention was necessary to safeguard Mr Z.
13. Miss X said the Council failed to include her in safeguarding meetings regarding Mr Z. The Council explained it is not required to include a next of kin unless this is in line with the person’s wishes. It added Mr Z’s views and wishes were considered, and he was supported by an independent advocate at all meetings.
14. We will not investigate these matters because there is not enough evidence of fault by the Council to justify investigation.

Communication

15. Miss X complained the Social Worker failed to respond to contact from her, Mr Z, and the Court of Protection.
16. The Council investigated this point. It found the Social Worker was in frequent contact with the relevant parties but acknowledged there had been times where communication had fallen short.
17. The Council confirmed it would introduce a new set of core standards so that people, their families and carers are responded to in a timely manner.
18. The Council has accepted fault in this regard and confirmed action to prevent similar issues from occurring in the future. We will not investigate this point because we could not add to the investigation the Council already carried out or achieve any further meaningful outcome.

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Final decision

19. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigating and we could not add to any previous investigation.

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Investigator's decision on behalf of the Ombudsman