The Ombudsman's final decision
Summary: We will not investigate Ms B’s complaint about the way the Council conducted a safeguarding investigation into injuries her mother, Mrs C, sustained in her care home. This is because we could not add to the Council’s response or make a different finding of the kind Ms B wants.
The complaint
Ms B complained the Council failed to contact her about her complaint into the safeguarding of her mother, Mrs C. Although the Council responded to her complaint it did not arrange a meeting as agreed. Ms B says she is disgusted with the lack of empathy and care towards her and Mrs C who she says was assaulted in her care home. Ms B wants the Council to put things right and explain why the meeting did not go ahead as agreed.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council considered the incident when Mrs C was injured as a safeguarding matter. It found that there was not enough evidence to substantiate the allegation that her care provider had been negligent when she suffered significant injuries due to an unwitnessed fall or assault. While Ms B disagrees with the findings further investigation by us could not add to the finding or make a different one.
Ms B says when she complained she was told the Council would arrange a meeting, but it did not do this. We will not investigate this point. Where we are not investigating the substantive matters, we will not normally investigate the way a council has responded to them. That is the case here.
Final decision
We will not investigate Ms B’s complaint because we could not add to the Council’s response or make a different finding of the kind Ms B wants.
Investigator's decision on behalf of the Ombudsman