Summary: We will not investigate this complaint about adult social care in a residential care home, because we are satisfied with the actions the Council has taken. The Council has found the Care Provider acting on its behalf was at fault, has apologised and offered the complainant a distress payment, and has taken action to improve service. The Ombudsman would achieve nothing further.

The complaint

1. Ms B says the Council provided poor care to her mother (Ms C) in the last few months of her life. Ms B says the Council upheld most of her complaints but has let the Care Provider off lightly. Ms B says the failings impacted her mental health and she feels she let Ms C down.

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The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who has died. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

3. We accept Ms B is suitable to complain on behalf of Ms C.
4. 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))

5. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
6. In this case Paisley Lodge care home was providing adult social care to Ms C on behalf of the Council. We will refer to Paisley Lodge as the Care Provider. When a council commissions another organisation to provide services on its behalf it remains responsible for those services and for the actions of the organisation providing them.
7. 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

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. The Council has thoroughly investigated Ms B’s concerns and given her detailed responses. The Council found some failings by the Care Provider, for which it apologised and offered Ms C £300 to acknowledge her distress. The Council recommended actions the Care Provider should take to improve its service and followed this up with a quality assurance visit.
11. I am satisfied the Council has taken appropriate action to acknowledge the impact on Ms B, and to improve service for residents and their families. The Ombudsman could not add to the actions already taken, and an Ombudsman investigation would not lead to a different outcome.

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Final decision

12. We will not investigate Ms B’s complaint because we are satisfied with the actions the Council has taken.

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Investigator's decision on behalf of the Ombudsman