Summary: We will not investigate this complaint about Adult Social Care because court action has started about the same matter.

The complaint

1. Mrs Y complained the Council failed to provide her father with emergency assistance using a paid for emergency telephone assistance service and then failed to properly address her concerns in its investigation into her complaint.
2. Mrs Y says the issue led to her father dying earlier than he should have, causing severe emotional distress to her and the whole family.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
5. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

6. I considered information Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. Coroners are independent judicial officers who investigate deaths reported to them. They will make whatever enquiries are necessary to find out the cause of death, this includes ordering a post-mortem examination, obtaining witness statements and medical records, or holding an inquest.
8. Following the death of Mrs Y’s father, the Coroners’ Court has opened an inquest into the death. As the coroner is a court and will be considering the same issues Mrs Y has asked us to investigate, the law says we cannot investigate this complaint. Any issues Mrs Y wishes to raise, including those she has brought to us, can reasonably be raised as part of the inquest. Consequently, we will not investigate.
9. As we are unable to investigate the substantive matter, it is not a good use of public resources for us to consider how the Council investigated Mrs Y’s complaint. We will not investigate this complaint.

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Final decision

10. We will not investigate Mrs Y’s complaint because court action has started about the matter.

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Investigator's decision on behalf of the Ombudsman