Summary: We will not investigate this complaint about the Council delaying in removing Mrs X’s son from a placement she considered was not providing appropriate care. This is because an investigation would not lead to a different outcome. In addition, there is no ongoing significant injustice.

The complaint

1. Mrs X complains the Council delayed in removing her son from a placement she considered was not providing appropriate care.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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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. Mrs X’s son, Mr A, was moved to an emergency residential placement in October 2021. She says in January 2022, she became aware her son was not receiving appropriate care from the placement.
6. During its complaint investigation, the Council found there were two instances where the care provider did not provide care to Mr A in line with his care and support plan. This was where he was not prompted with his personal care to change clothes, and another day where he was not prompted to change into more appropriate footwear.
7. The Council said having reviewed Mr A’s care notes, there was no other evidence to suggest he was receiving substandard care or living conditions. The Council also confirmed it had no concerns about Mr A’s wellbeing whilst he was at the placement.
8. The Council also acknowledged Mrs X requested a care package to allow Mr A to return home. The Council accepted there was delay in arranging this due to delays in allocating a social worker to Mr A.
9. The Council has offered Mrs X £500 to recognise the upset caused by the faults identified, and for the time and trouble taken in Mrs X pursuing her complaint.
10. An investigation is not justified as it would not lead to a different outcome as we are unlikely to reach different findings. The Council has acknowledged some fault and offered an appropriate remedy to recognise the injustice caused to Mrs X. The Council’s offer is in line with our guidance on remedies and I do not consider any further remedy is appropriate in the circumstances. In addition, Mr A has now moved from the placement and so there is no ongoing significant injustice.

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Final decision

11. We will not investigate Mrs X’s complaint because an investigation would not lead to a different outcome. In addition, there is no ongoing significant injustice.

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Investigator's decision on behalf of the Ombudsman