Summary: We will not investigate this complaint about the Council not involving Mr X in decisions about a relative’s care. This is because any injustice is not significant enough to justify our involvement.

The complaint

1. Mr X says the Council’s Adult Social Care (ASC) team has excluded him from decision making about his relative, Ms Y, for whom he is next of kin.
2. He says he was distressed that he could not properly support or safeguard Ms Y and he has lost trust in ASC decision making and communication.
3. He would like the Council to:

• Review how it made decisions
• Clarify who holds decision-making authority
• Ensure it follows best-interest processes
• Involve him consistently as next of kin
• Improve communication and transparency around Ms Y’s care

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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 any injustice is not significant enough to justify our involvement.

(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. Mr X has complained about how Ms Y was assessed by the Council and how decisions about her care were made. But the main impact of these issues was on Ms Y, not Mr X.
8. I understand Mr X says he has been caused distress as he says he has been unable to properly support Ms Y. The Council has explained its position and why it did not consult Mr X about the care of Ms Y. I do not consider the personal injustice he has suffered because the Council did not communicate or consult him about Ms Y’s care would be significant enough to warrant an investigation by the Ombudsman.

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Final decision

9. We will not investigate Mr X’s complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman