Summary: We will not investigate this complaint about criminal and negligent acts by the Council and its approach to safeguarding. This is because we are not the appropriate body to consider matters relating to criminal acts or acts of negligence. Further, part of the complaint is late and we are unlikely to find fault in relation to safeguarding.

The complaint

1. The complainant (Mr X) complains about alleged criminal acts by the Council in respect of the care and safeguarding of his mother (Mrs K). In addition, Mr X’s complaint concerns events in 2020 when Mrs K was moved into a care home at the beginning of the Covid-19 pandemic. He alleges the Council coerced Mrs K into a care home and failed to follow relevant policies at that time. He also complains in respect of a safeguarding inquiry in 2023 in respect of plans by Mrs K’s family to move her out of her care home.
2. In summary, Mr X says the alleged fault has caused him significant financial and mental harm. He also says his mother was placed on drugs which exacerbated her health condition. As a desired outcome, Mr X wants the Council to be held accountable for the alleged failings and to provide compensation for the trauma he has experienced. He also wants there to be disciplinary action against those involved at the Council.

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The Ombudsman’s role and powers

3. 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
• any fault has not caused injustice to the person who complained; or
• we cannot achieve the outcome someone wants; or
• there is another body better placed to consider this complaint; or

(Local Government Act 1974, section 24A(6), as amended, section 34(B)).

4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended).
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended).

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How I considered this complaint

6. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. We have no legal jurisdiction or powers to investigate a criminal offence by the Council. Where Mr X believes criminal offence has been committed, he should refer his allegations to the police which is the appropriate body to consider such matters. I am therefore exercising my general discretion to not investigate any matter concerning alleged criminal acts referred to by Mr X in his complaint.
8. Further, Mr X’s complaint also states the Council has been negligent which resulted in personal injury to Mrs K. Deciding about whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
9. I cannot decide whether an organisation has been negligent and have no powers to enforce an award of damages. So, I would usually expect someone in Mr X’s position to seek a remedy in the courts, directly or through his insurers. I do not consider there is any exceptional reason why Mr X cannot do this and so we will not investigate this part of the complaint.
10. I recognise part of Mr X’s complaint concerns events at the beginning of 2020 with respect to his mother being placed into a care home by the Council. On the available evidence, it was Mrs K’s daughter who placed her into a care.
11. In any event, we do not investigate late complaints unless there are good reasons to exercise discretion. The alleged faults relate to matters 4 years ago since the beginning of 2020. I considered exercising my discretion but see no good reason to do so as the complaint could have been made to us sooner. Further, we would not now be able to reach a meaningful view of the complaint as the passage of time. There would be practical limitations on our ability to gather evidence and assess any injustice. We also cannot apply current standards, guidance, or professional expectations to historical situations. We would not therefore be able to achieve the outcome Mr X wants.
12. In relation to a recent safeguarding meeting involving Mr X, we are unlikely to find fault. The safeguarding meeting concerned Mr X’s wish to move his mother out of her care home and to live with him. Mrs K lacks mental capacity and Mr X does not have deputyship to make decisions as regards to her health and welfare. The Council has explained it has a duty to ensure decisions are made in Mrs K’s best interests. Following the meeting, the Council say that Mrs K moved to live with Mr X in line with his wishes. In my view, the Council’s approach was consistent with standard practice and its legal obligations.

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Final decision

13. We will not investigate this complaint because we are not the appropriate body to consider matters relating to criminal acts or acts of negligence. Further, part of Mr X’s complaint is late and we are unlikely to find fault in relation to the safeguarding meeting held in 2023.

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Investigator's decision on behalf of the Ombudsman