Summary: We will not investigate Mr B’s complaint about the Council’s refusal to allow his late wife, Mrs B, to return to their home. This is because it is unlikely we would find enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

The complaint

1. Mr B complained his late wife, Mrs B, did not want to live in a care home and should have been allowed to return home where they both wanted her to be with a package of care. Mr B says the social worker acting on behalf of the Council and other organisations decided to keep his wife away from their home without properly explaining the reasons why and without consulting her about what she wanted.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council investigated Mr B’s concerns. Records show Mrs B was assessed as lacking capacity to decide where she should live when she was discharged from hospital in 2022. In September 2022 a Best Interests Decision recommended Mrs B remain in a home with nursing care. The Council says it took into consideration Mrs B wanted to go home and Mr B’s views that she should go home but given the extensive amount of care and support she required her needs would best be met in a nursing home. A Deprivation of Liberty Safeguards (DoLS) was authorised.
6. Sadly, Mrs B is now deceased so even if we investigated and found evidence of fault we could not provide her with a remedy. However, the Council considered Mrs B’s views in the decision-making process, took advice from other agencies including the NHS, undertook a best interest meeting and a DOLS was authorised. The Council determined Mrs B lacked capacity to make decisions about her long-term care and her needs could not be met in the home environment. While Mr B disagreed and continues to disagree with the outcome of the assessment and decision for Mrs B to remain in a nursing home in 2022, the Council followed appropriate procedure. There is not enough evidence of fault with the way the Council considered Mrs B’s best interests. In the absence of administrative fault, we cannot comment on decisions taken by councils.

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Final decision

7. We will not investigate Mr B’s complaint because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman