Summary: We will not investigate this complaint about adult social care support and safeguarding. This is a late complaint as the events happened more than 12 months ago and the complainant knew about them then.

The complaint

1. Ms D says the Council failed to appropriately safeguard or provide the needed care and support to her relative, Ms E, before her death. Ms D also says the Council gave Ms E the wrong information about paying for care, which meant Ms E could not make informed decisions about her support. Ms D says the Council neglected Ms E and caused her death which is upsetting for the family. Ms D wants answers, acknowledgement and improvements. Ms D wants an apology, compensation and the Council to dismiss relevant staff members from their roles.

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The Ombudsman’s role and powers

2. 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 or care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

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

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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. Ms E died in June 2023. So, Ms D has known of her concerns about Ms E’s care support for more than 12 months. Although Ms D is distressed by the events this does not give the Ombudsman grounds to consider this complaint now.
7. Even if there were grounds to consider this late complaint there are other good reasons for the Ombudsman not to start an investigation. There is an ongoing Safeguarding Adults Review. This independent review will consider the actions and decision making of the health and adult social care services and other agencies involved with Ms E leading up to her death. It will decide whether more could or should have been done to safeguard her. It will also identify if any lessons can be learnt to improve practice. The Ombudsman cannot say whether the Council's actions caused or contributed to Ms E’s death, only a coroner can make such findings and there has already been a coroner’s investigation. An Ombudsman investigation into the same issues would not add anything further.
8. We also cannot achieve the outcomes Ms D wants. We cannot get involved in personnel matters so cannot recommend disciplinary action. We do not award compensation. If Ms D wishes to seek compensation for neglect the court would be better placed to consider the matter.

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Final decision

9. We will not investigate Ms D’s complaint because it is a late complaint and there are no grounds to consider it now.

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Investigator's decision on behalf of the Ombudsman