Summary: We will not investigate this complaint about the Council’s failure to liaise with Ms B’s care provider about her supported living arrangements. This is because it is unlikely we would find enough evidence of fault with the Council’s actions to warrant an ombudsman investigation.

The complaint

1. Mrs D complained her sister’s, Ms B’s, care provider gave notice because of the communication failures between it and the Council regarding vacant rooms. Mrs D says if Ms B has to move it would have a devasting effect on her. Mrs D says the Council should liaise with the Care Provider to ensure funds are made available to meet the needs of the residents.

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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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has confirmed the Care Provider gave notice and a new provider has been commissioned to provide Ms B’s care. It says a meeting was held with the families a few weeks ago, and although Ms B’s family were unable to attend, the Commissioning Team is providing regular updates to the families.
6. The Council’s duty to Ms B is to ensure she receives care to meet her assessed needs. I have not seen any evidence it has not done this. We cannot tell councils who must provide this package of care and its Commissioning Team will ensure suitable care is sourced. We could not say there is any evidence of fault with the actions taken by the Council or make a finding of the kind Mrs D wants

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Final decision

7. We will not investigate Mrs D’s complaint because there is not enough evidence of fault with the actions taken by the Council to warrant us investigating.

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Investigator's decision on behalf of the Ombudsman