Summary: We will not investigate Mrs X’s complaint about the Council’s handling of her late aunt’s care and support. This is because there is insufficient evidence of fault.

The complaint

1. Mrs X complains about the Council’s handling of her late aunt’s care and support. She says poor care was provided to her late aunt and the Council did not supervise the care appropriately. She also complains about the Council’s handling and investigation of her complaint.

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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:

• 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))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. Mrs X’s late aunt, Ms Z, received care and support from a live in carer. The care package started in April 2022.
7. Ms Z died in June 2023. In July 2023, Mrs X raised concerns about the live in carer, including that the carer had moved another person into Ms Z’s property.
8. The Council opened a safeguarding enquiry to investigate Mrs X’s concerns about the live in carer and poor care. The enquiry noted:
• No concerns about the carer, or the quality of the care provided, had been raised previously by Ms Z’s family.
• The carer had provided reasonable explanations for the allegations made against them.
• The care provider and allocated social worker had completed regular reviews which identified no concerns about the care being provided.
9. The Council closed the safeguarding as it was satisfied there was no evidence to suggest Ms Z was subject to any abuse or that the care provided was inadequate.
10. The Council appropriately followed the correct process to investigate the concerns raised about Ms Z’s carer. I acknowledge Mrs X feels the Council’s safeguarding enquiry was inadequate but having reviewed the safeguarding report, I am satisfied there is no evidence to suggest the enquiry was flawed. As the Council has properly considered the matter, it is entitled to reach its decision. Therefore, an investigation is not justified as we are unlikely to find fault.
11. We do not investigate complaints purely about a council’s complaint handling if we are not investigating the substantive matters complained about.

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Final decision

12. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman