The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s actions during a care assessment as there is not enough evidence of fault and further investigation would not lead to a different outcome. We will also not investigate Mr X’s complaint about the standard of care he received in a care home because the Council has not had the opportunity to respond to his complaint. We cannot investigate Mr X’s complaint about his care when sectioned under the Mental Health Act as we cannot investigate complaints about health services.
The complaint
Mr X complains the Council: Did not act when he informed it of a sexual assault he witnessed whilst in a care home.
Did not listen when he said he no longer wished to be assessed by his allocated social worker.
Mr X says that whilst in a care home: A staff member was not nice to him.
His food portions got smaller.
The care home complained to his daughter about him.
The care home threatened to section him.
The care home gave him vodka.
Mr X was sectioned and says he was told he could be medicated against his will.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6)) We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the National Health Service (NHS). (Local Government Act 1974, sections 25 and 34A, as amended) The law says we cannot normally investigate a complaint unless we are satisfied the Council knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6) We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council and his care home did not act when he informed them of a sexual assault he had witnessed. Mr X says the victim has now died. The Council responded and said it had completed a safeguarding investigation and would take no further action. Mr X is not a suitable representative for the deceased as he had no known connection to them. Mr X was also not caused a significant injustice as a result of the Council’s actions. Therefore we will not investigate this complaint.
Mr X complained about the care he received whilst in a care home. The Council said that it had not been aware of these complaints and agreed to provide a formal response. The law says we cannot normally investigate unless the Council has had the opportunity to do so. As the Council was not aware of these concerns and has agreed to provide a formal response we will not investigate this part of Mr X’s complaint.
Mr X says he was told he could be medicated against his will whilst sectioned under the Mental Health Act. The law says we cannot investigate the actions of health bodies such as the National Health Service. Mr X could submit a complaint to the Parliamentary and Health Service Ombudsman.
Mr X says that his social worker continued to attend his care home after he had said he no longer wished to work with them. The Council says Mr X’s care assessment will be finalised and if Mr X requires support in the future a different worker will be allocated. As the Council has agreed to end its assessment of Mr X’s care needs it is unlikely further investigation would lead to a different outcome. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint he has not been caused an injustice as a result of the actions of the Council, and the Council requires time to respond to the new complaints raised. We cannot investigate Mr X’s complaint about the actions of any health bodies. Mr X could approach the Parliamentary and Health Service Ombudsman about what happened when sectioned.
Investigator's decision on behalf of the Ombudsman