Summary: We will not investigate Mrs X’s complaint about the Council implementing visiting arrangements in relation to visiting her friend in a care home. This is because it is unlikely we would find fault with the Council.

The complaint

1. Mrs X complained the Council has implemented visiting arrangements in relation to her friend, Y, who lives in a Care Home. Mrs X said the matter caused her anxiety. She wants to be able to visit her friend without arrangements being in place.

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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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X’s friend, Y, lives in a care home. Mrs X said recently, the Council implemented visiting arrangements which requires Mrs X to:
• call the Care Home to arrange a visit;
• wait in the communal area whilst staff ask her friend if she wants to see her; and
• carry out any visits her friend agrees to, in the communal area.
7. The Council explained to Mrs X these arrangements are in place to ensure Y’s safety and wellbeing and that it would continue to review them.
8. We will not investigate Mrs X’s complaint because it is unlikely we would find fault in the way the Council reached its decision. The Council explained its reasons for the visiting arrangements and said they are in place to protect Y’s safety and wellbeing. It made this decision in line with its statutory duties under the Care Act 2014. Where there is insufficient evidence of fault with how the Council made its decision, we cannot question the outcome.

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Final decision

9. We will not investigate Mrs X’s complaint because it is unlikely we would find fault with the Council.

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Investigator's decision on behalf of the Ombudsman