Summary: We will not investigate this complaint about the standard of care and support Ms B received from her previous care provider. This is because we could not add to the Council’s response or make a different finding. We are satisfied Ms B is now receiving appropriate care and support so there is no ongoing injustice warranting an ombudsman investigation.

The complaint

1. Mrs D complained about the numerous complaints she made to the Council between 2021 and 2022 regarding the care and support her daughter, Ms B received from her supported living care provider. Mrs D says Ms B often called her during the night upset and distressed and because they live over 40 minutes away they could not get to her. Mrs D says the care provider should not be in business because of the appalling way Ms B has been treated by them and is worried other vulnerable client may be treated the same way.

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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 effect 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 the tests set out in our Assessment Code are not met. (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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council investigated Mrs D’s concerns in November 2022 acknowledging the difficulties carers had in meeting Ms B’s specific needs. Mrs D says the Council did not implement the recommendations the Council identified in the report, however, she confirmed Ms B has now changed care providers and is very happy and settled.
6. The Council has now resolved the issues Mrs D complained about and Ms B is getting a good care package. There are no grounds for us to investigate to look at wider issues because we cannot achieve anything for Ms B. We cannot tell the Council to put the care provider out of business. Mrs D has informed the Care Quality Commission of her concerns about Ms B’s previous provider who can, as the regulator of care providers, consider them during inspections.

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Final decision

7. We will not investigate Mrs D’s complaint because we could not add to the Council’s response or make a different finding. We are satisfied Ms B is now receiving appropriate care and support so there is no ongoing injustice warranting an ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman