Summary: We will not investigate this complaint about the Council’s provision of suitable home care services for Mr B. There is not enough evidence any action by the Council or a care provider has caused
Mr B significant injustice, so his complaint does not warrant investigation

The complaint

1. Mr B says, with the support of his advocate, the Council has failed to provide a package of care services which meets his needs, with the result his health and wellbeing are at risk. He wants more time allocated to his care and support.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.

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My assessment

4. In reply to Mr B’s complaint and my enquiry about how it is meeting its duties towards him, the Council has provided a clear account of the effect of Mr B’s own behaviour and actions. It says assessments have shown Mr B has no impairment of mental functioning affecting his ability to understand the consequences of his own actions. However, it also reports he has:
• refused to take medication or to allow care workers to carry out the tasks scheduled on a care visit;
• deliberately sabotaged care provision by removing medication labels, mixing them up, then blaming care staff;
• threatened care workers with violence, including with a knife and a hammer, and repeatedly called the care agency office to complain about them and demand more time for care visits.
5. The Council says the consequences have been the care agencies involved have withdrawn their services, and the Council has suspended his care package and reported relevant matters to the police.
6. It says it has since made daily welfare calls and home visits to check on Mr B while it explores other options, and Mr B has appeared well kempt, had sufficient food in his home, and told its officers he was well.
7. I am satisfied on balance of probabilities there is not enough evidence of fault by the Council to warrant investigating, and we could not attribute any injustice Mr B claims to the Council’s rather than his own actions.

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Final decision

8. We will not investigate Mr B’s complaint because there is not enough evidence any action by the Council or a care provider has caused Mr B significant injustice, so his complaint does not warrant investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman