The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to concerns Mr X raised, about care and support for a family member. We cannot achieve any meaningful outcome by investigating.
The complaint
Mr X raised concerns with the Council about the care and support provided to a deceased family member (Mrs Y), by a care provider. Mr X said the care provider did not visit her after other residents had said she had not been seen for some time. Mr X believes that Mrs Y’s death may have been avoidable and now wants the Council to provide detailed information about Mrs Y’s care and support.
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 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
Mr X raised concerns to both Mrs Y’s care provider and the Council. He learned that other residents at Mrs Y’s independent living facility had told staff they had not seen Mrs Y for some time and they apparently declined to check in on her. Mr X said Mrs Y was subsequently found deceased and is now concerned that her death may have been avoidable.
I will not investigate this complaint. This is because it is unlikely, even on a balance or probabilities, that an investigation could make a causal link to the actions of the care provider and Mrs Y’s death, and so an investigation could not achieve a substantial part of what Mr X is looking for.
Additionally, from the information Mr X provided, Mrs Y’s death was considered under coronial proceedings. I am satisfied the coroner will have considered the events leading up to Mrs Y’s death, and identified learning if appropriate. I understand Mr X will have a concern about what might have happened, but there is no meaningful outcome, beyond this, that we can realistically achieve by investigating.
Finally, Mr X was also unhappy, the Council declined to provide him with any information about Mrs Y’s care before her death. Mr X said that the data legislation affecting a person’s private information was no longer an issue after a person had died. The Council said, Mrs Y had no registered next of kin or evidence of family involvement in her care support previously, and therefore it is unlikely I would find fault, it declined to provide Mr X any information about Mrs Y’s care support.
Final decision
We will not investigate Mr X’s complaint because there is no meaningful outcome we could achieve.
Investigator's decision on behalf of the Ombudsman