Summary: The Council has proposed a suitable remedy for Ms X’s complaint about the care provided to her mother.

The complaint

1. Ms X is dissatisfied with the remedy offered by the Council following her complaint about the quality of domiciliary care provider to her mother, Mrs Y.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have:

• considered the complaint and discussed it with Ms X;
• considered the correspondence between Ms X and the Council, including the Council’s response to the complaint;
• made enquiries of the Council and considered the responses;
• taken account of relevant legislation;
• offered Ms X and the Council an opportunity to comment on a draft of this document.

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What I found

Relevant legislation

5. The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 set out the fundamental standards those registered to provide care services must achieve. The Care Quality Commission (CQC) has issued guidance on how to meet the fundamental standards below which care must never fall.
6. The Care Quality Commission (CQC) is the statutory regulator of care services. It keeps a register of care providers who show they meet the fundamental standards of care, inspects care services and issues reports on its findings. It also has power to enforce against breaches of fundamental care standards and prosecute offences.
7. Regulation 9 Person Centred Care says Care Provider must do everything reasonably practicable to make sure that people who use the service receive person-centred care and treatment that is appropriate and meets their needs. Each person, and/or person lawfully acting on their behalf, must have all the necessary information about their care and treatment.

Background

8. Mrs Y has dementia. At the time of the events complained about she lived in her own home and received domiciliary care services commissioned by the Council.
9. Two care visits a day of 30 minutes a day were arranged. The visits commenced on 3 September 2021. From 7 September 2021 visits were reduced to once daily and all visits ceased on 14 October 2021, at Ms X’s request.
10. Ms X was dissatisfied with the timing and length of visits. She complained to the Council saying the timings were erratic and that carers were not staying for the full duration of the visit. The Council investigated and provided Ms X with a written complaint response on 23 December 2021. Ms X is dissatisfied with the response. She says no reference was made to the erratic timings of the visits, and how this impacted on Mrs Y.
11. Ms X also says that during a telephone discussion with an officer about her complaint the officer suggested a £45 remedy payment, but this was later retracted. Ms X would like the Council to honour this payment.

The Council’s response

12. During its investigation into the complaint, the Council considered the timings and length of visits. It confirmed that twenty-one of the care visits did not meet its 25-minute threshold for charging. It also considered the variance of visit times.
13. The Council says visit times to Mrs Y were not classed as time critical. It requested the care provider undertake tea-time visits between 5-6pm. The care provider informed the Council that non-critical visits were completed between 4-7pm. The Council concluded three visits were outside this timeframe.
14. The Council upheld the complaint.
15. In its complaint response, the Council offered Mrs Y an apology and a remedy payment of £35 to acknowledge that some visits were not at the expected time and that a number of visits did not meet the 25-minute threshold for charging for a 30-minute visit.
16. The Council says it cannot find any evidence it offered to reduce the outstanding care fees due by £45, although it says it was aware this was Ms X’s desired outcome.
17. The Council says it could have provided a more ‘explicit apology’ in its complaint response letter sent to Ms X on 23 December 2021. It reiterates its apology “…for the service not meeting the expected standards and will use [Ms X’s] complaint to help deliver service improvement”.
18. The Council has offered to waive the £140 outstanding care fees in full as a gesture of goodwill.
19. Mrs Y recently moved into permanent residential care.

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Agreed action

20. The Council has agreed to:

• waive £140 outstanding care fees in full.

21. This should be completed within four weeks of the final decision.

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Final decision

22. The Council has proposed a suitable remedy for Ms X’s complaint about the care provided to her mother.
23. It is on this basis; the complaint will be closed.

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Investigator's decision on behalf of the Ombudsman