The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about adult social care provision because further investigation would not lead to a different outcome.
The complaint
Mr B says the Council told them around a year ago the care home in which his daughter, Miss C, lives would close imminently. This caused panic and continuing uncertainty around where Miss C will live. Mr B says the Council failed in its strategic commissioning responsibilities because it does not have suitable accommodation in the area which Miss C needs to live. Mr B would like the Council to apologise, to upgrade and refurbish the existing accommodation, to explain what it told its staff when it decided to close the placement, and to have more than one stage to its complaint procedure.
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 or may decide not to continue with 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, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered: information provided by the complainant.
the Ombudsman’s Assessment Code.
The Care Act 2014 and associated statutory guidance.
the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009.
My assessment
Miss C lives at placement X. The Council’s decision that placement X is no longer viable to keep in the long term is a decision it is entitled to take, and it has explained its reasons.
The Care Act places a duty on councils to promote the efficient and effective operation of the market for adult care and support as a whole. The Council has accepted the current range of learning disabilities services are not within easy travelling distance for all parts of the district. The Council is currently reviewing this and will have a strategy in place next year. The Council acknowledges this does not solve the immediate problem for Miss C but hopes to be in a position to offer a wider range of provision options as it moves forward with this work.
The Council accepts its communication about its decision to close placement X has not always been accurate and clear; it has apologised to Mr B for the distress it has caused he and his family.
Although Mr B would like to know what the Council told its staff about the decision at the point those staff relayed the information to him, it would not be a good use of the Ombudsman resource to investigate to answer that question. The Council has accepted fault in communication. It has taken appropriate action to acknowledge the impact and improve service by apologising and reconnecting with relevant families by letter and meetings, which will continue to take place on a regular basis.
Mr B would like the Council to improve and refurbish the existing building, but this is not an outcome the Ombudsman can achieve. The Council has completed work on the building to make it safe for the short to medium term, but the long-term plan is to close. The Council is continuing to work with families for them to move to suitable accommodation and support. This leaves Miss C, other affected residents, and their families with ongoing uncertainty. But further investigation by the Ombudsman would not lead to a different outcome.
Mr B was surprised the Council has a one stage complaint process, and there was no right of appeal. Complaints provision in relation to local authority social services is set out in regulations. Councils should have clear procedures to deal with social care complaints. Regulations and guidance say they should investigate and resolve complaints quickly and efficiently. A single stage procedure should be enough. The council should include in its complaint response: how it considered the complaint; the conclusions reached about the complaint, including any required remedy; and whether it is satisfied all necessary action has been or will be taken by the organisations involved; and details of the complainant’s right to complain to the Local Government and Social Care Ombudsman.
(Local Authority Social Services and National Health Service Complaints (England) Regulations 2009) Therefore, the Council has acted in accordance with regulations.
Final decision
I appreciate there is ongoing uncertainty for Miss C and her family about where she will live. But we will not investigate Mr B’s complaint because we could not add to the Council’s investigation, further investigation would not lead to a different outcome, and the outcomes Mr B wants either are already provided or are not outcomes the Ombudsman can achieve.
Investigator's decision on behalf of the Ombudsman