Summary: We will not investigate this complaint about adult social care in a residential care home, because further investigation would not lead to a different outcome. The person has since died and there is nothing we can achieve by investigation.

The complaint

1. Mr B says the Council failed to properly support his mother, Ms C. Mr B says the Council put Ms C in a care home, but only met with her once. They would speak on the phone, but Ms C was deaf so found it frustrating. Mr B says the restrictions and living conditions affected Ms C’s mental health, other residents would come into her room, and she was restricted from seeing her family. Mr B says Ms C was terrified of social workers and care home managers and wanted a different social worker who could visit. Mr B wanted Ms C to live with him. Ms C died while this complaint was ongoing.

Back to top

The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

3. We have accepted Mr B as a suitable representative for Ms C.
4. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused significant injustice to the person who complained, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Ms C died while this complaint was ongoing. We can no longer achieve the outcomes Mr B wanted, to change Ms C’s social worker and move Ms C from the care home.
8. There is no worthwhile outcome achievable from an investigation. If we found fault by the Council (or care home on its behalf) causing an injustice to Ms C, we can no longer provide any remedy to her.
9. Mrs C lived outside the Council’s area, but it remained responsible for her placement. The distance, and Covid controls when Ms C first moved there, made it difficult for the Council to complete face to face visits. The Council could not pass its responsibility to meet Ms C’s adult social care needs to another nearby council, so could not do what Ms C wanted.
10. The Council provided a thorough response to Mr B’s complaint. It explained it had acted under the Mental Capacity Act 2005 as Ms C did not have capacity to decide where she should live. The Council took a decision in her best interests and involved family in the decision making. The care home was local to Mr B and another family member, so they could visit Ms C. Ms C had days out and overnight stays with Mr B. So, Ms C could maintain family relationships. The care home was meeting Ms C’s care and support needs but would be reviewed and Mr B’s objections considered in that review process.
11. The Council took Mr B's views into account through the correct processes. To challenge the decision on where Ms C should live, Mr B would need to have applied to the Court of Protection, but there is nothing that can now be done.

Back to top

Final decision

12. We will not investigate Mr B’s complaint because further investigation would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman