Liverpool City Council (24 014 732)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 06 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint made by Mr X about care provided for the late Mrs Y. We could not now provide a remedy for any injustice for Mrs Y as she has died, and any injustice experienced by Mr X is not sufficient to warrant an investigation.
The complaint
- Mr X complained that the Council did not follow correct procedures when providing care for his mother Mrs Y, who has now sadly passed away.
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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council considered Mr X’s complaint about Mrs Y’s care and found an assessment of Mrs Y’s needs was carried out three months’ late. The Council apologised to Mr X for this.
- The Council found apart from that its staff carried out the appropriate actions and followed procedure correctly in relation to Mrs Y’s care.
- As Mrs Y has since died we could not now provide a remedy for any injustice Mrs Y may have experienced because of fault, even if we were to find evidence of it. The Council is satisfied Mrs Y received suitable care and her family, apart from Mr X, had no concerns. We would not likely reach a different view now.
- I recognise Mr X has experienced bereavement and distress as a result of his mother’s death and what he considers to be faults in the arrangements for her care. I am satisfied, however, any injustice to Mr X from the Council’s actions alone is not significant enough to warrant an investigation.
Final decision
- We will not investigate Mr X’s complaint. There is not enough evidence of the Council’s or care provider’s actions causing Mrs Y injustice, and we could not remedy it now anyway. Any injustice experienced by Mr X does not warrant an investigation.
Investigator's decision on behalf of the Ombudsman