Summary: We will not investigate this complaint about adult care services. The Council has completed a thorough investigation, accepted some fault and said what it will do in response. It is unlikely an Ombudsman investigation would add to that. The complainant says the Council has not done what it said it would, this is a new issue of complaint which the Council must first have the opportunity to consider.

The complaint

1. Mr E says the Council neglected a vulnerable adult, his relative Ms F. Mr E says the Council failed to follow correct processes, including the complaint process. Mr E says the Council acted dishonestly and failed to meet Ms F’s needs. Mr E says the Council’s response to the complaint is not sufficient and it has failed to complete agreed actions.

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The Ombudsman’s role and powers

2. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

3. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. There has already been an independent investigation of Mr E’s complaint. This investigation was thorough; it considered relevant law, guidance, policies and procedures. The investigating officer spoke with relevant people and looked at relevant evidence. It is unlikely an Ombudsman investigation would add to this or reach a different outcome.
7. The Council wrote to Mr E and Ms F after considering the independent report. The Council acknowledged the identified failings, apologised for the impact of its failings, offered Mr E a symbolic payment, and advised of procedural improvements.
8. Mr E says the Council has not completed these actions. This is a new matter of complaint which the Ombudsman must first allow the Council the opportunity to consider and respond to.

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Final decision

9. We will not investigate Mr E’s complaint because we are satisfied with actions the Council took to investigate and respond to that complaint. It is unlikely the Ombudsman would add to that investigation. Mr E’s concern the Council has not carried out the agreed actions is a new issue of complaint which must first exhaust the Council’s own procedure before we would consider it.

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Investigator's decision on behalf of the Ombudsman