The Ombudsman's final decision
Summary: We will not investigate this complaint about Mr X being stopped from seeing his mother for two weeks while she was in a care home and that the care home provided inadequate care to Mr X’s mother. This is because there is insufficient evidence of fault to justify an investigation. In addition, we do not consider Mr X to be a suitable representative for his mother.
The complaint
Mr X complains he was stopped from seeing his mother for two weeks while she was in a care home. He also complains his mother did not receive adequate care while she was in the care home.
The Ombudsman’s role and powers
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s mother, Mrs B, received care in a care home. Mrs B died recently. Her husband, Mr B, is her next of kin.
There is no evidence to suggest Mr B lacks capacity. Further, there is evidence of a family dispute between Mr X and his sister.
Therefore, I will not consider the complaint about the inadequate care and support provided to Mrs B because I am not satisfied Mr X is a suitable representative. This is because it is clear there are disagreements within the family and Mr B is more suitable to bring the complaint as next of kin.
The evidence shows the Council agreed for only Mr B to visit Mrs B during her first week in the care home. This was to allow Mrs B to adjust and settle into the care home. This information was passed to Mr X. Therefore, an investigation is unlikely to find fault with this as there was a clear reason for restricting contact and visits to Mrs B during her first week in the home.
Further, there is evidence the Council was considering a safeguarding referral in March 2022, when Mrs B first went into the care home. This referral raised concerns about Mr X. Therefore, an investigation is unlikely to find fault as it would be appropriate for contact to be restricted while the Council completed its safeguarding enquiries.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation. In addition, we do not consider Mr X to be a suitable representative for his mother.
Investigator's decision on behalf of the Ombudsman