The Ombudsman's final decision
Summary: We will not investigate this complaint about a safeguarding alert. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We cannot achieve anything to add to the Council’s ongoing enquiries and also the Care Quality Commission is better placed to consider.
The complaint
Mr X complains, in short, about a Care Home placing residents and female staff at risk by inadequate risk assessments of residents.
The Ombudsman’s role and powers
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 no worthwhile outcome achievable by our investigation.
there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
A council must make enquiries if it thinks a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themselves. An enquiry is the action taken by a council in response to a concern about abuse or neglect. An enquiry could range from a conversation with the person who is the subject of the concern, to a more formal multi-agency arrangement. A council must also decide whether it or another person or agency should take any action to protect the person from abuse. (section 42, Care Act 2014) The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 set out the fundamental standards that registered care providers must achieve. The Care Quality Commission (CQC) has guidance on how to meet the fundamental standards.
With respect to Mr X’s concerns, the Council has told him it has made enquiries into the safeguarding matters raised. And it advised that it would not be able to share the outcome for data protection reasons.
We will not investigate as there is no worthwhile outcome given the ongoing nature of the Council’s enquiries. And, because the CQC is better placed to consider Mr X’s concerns given its role to monitor, inspect and regulate care services.
Final decision
We will not investigate because there is no worthwhile outcome to any investigation and because the CQC is better placed to consider.
Investigator's decision on behalf of the Ombudsman