Summary: We will not investigate this complaint about matters arising from Ms X’s concerns about the care provision to her relative, Mrs Y. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is too early for us to get involved as the safeguarding investigation has only just concluded and the complainant’s remaining concerns are still being investigated.

The complaint

1. Ms X complained to us about aspects of the home care provision for her relative, Mrs Y.
2. Ms X said, that while the Council were carrying out a safeguarding investigation in to the concerns Ms X raised, Ms X would like the Ombudsman to investigate as she believed Mrs Y's health was at risk.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

My assessment

7. Ms X has informed us that since she raised the complaint with us the Council has completed the safeguarding investigation.
8. Ms X says she is unhappy with the safeguarding investigation and is currently pursuing this with the Council.
9. In these circumstances we will not investigate. The Council’s safeguarding and complaints investigation process take precedence over any investigation by us.

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Final decision

10. We will not investigate Ms X’s complaint because it is too early for us to get involved.

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Investigator's decision on behalf of the Ombudsman