Summary: We will not investigate this complaint about the Council’s assessment of Mr X’s mother. There is insufficient evidence of fault by the Council and we could not achieve the outcome Mr X seeks.

The complaint

1. Mr X complained the Council:
• failed to properly investigate concerns he raised relating to neglect and abuse of his mother (Mrs Y) by his sibling;
• did not arrange interpreting for Mrs Y;
• did not acknowledge Mrs Y’s medical conditions and dementia; and
• did not assess Mrs Y’s capacity.
2. Mr X said Mrs Y had subsequently been moved abroad, and was not having her needs met. Mr X wanted the Council to acknowledge fault and bring his mother back to the UK.

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The Ombudsman’s role and powers

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:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X raised concerns with the Council about his mother, who he believed was experiencing abuse and neglect while living with his sibling.
7. The Council met with Mrs Y. On one occasion the interpreting service cancelled at short notice, however Mr X provided interpreting and the Council then held a subsequent meeting with Mrs Y and an interpreter. Family members were not present at the second meeting.
8. The Council considered Mr X’s concerns and the information he provided. When it spoke to Mrs Y, it did not have concerns about her mental capacity, so it did not need to carry out a mental capacity assessment. It did not identify any substantive evidence she was subject to coercion, abuse or neglect.
9. There is insufficient evidence of fault by the Council to warrant investigation by the Ombudsman. The Council considered all information, including Mr X’s concerns, but decided there was not a need for action to safeguard Mrs Y. Mr X disagrees with this outcome, but that in itself does not mean the Council’s decision is wrong or was fault.
10. In any event, we could not achieve the outcome Mr X seeks. We cannot make recommendations that would result in Mrs Y returning to the UK. This is a decision for Mrs Y and her family, and is not something we or the Council have any control over. It is open to Mr X to seek legal advice.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the Council’s actions, and we could not achieve the outcome Mr X seeks.

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Investigator's decision on behalf of the Ombudsman