Summary: We will not investigate this complaint about information recorded in Miss B’s care plans she says is inaccurate. Any injustice is not significant enough to justify our involvement.

The complaint

1. Miss B complains about the care plans completed by the Council’s commissioned care provider. Miss B says the care plans hold inaccurate information about and does not consider equality and diversity issues. Miss B says she has been subject to verbal and racist abuse and the Council, and the care provider has failed to respond to her concerns. The complainant says she has experienced psychological and emotional abuse. As an outcome she wants better treatment and an honest care plan and reports from the Council and care provider.

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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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Miss B complained to the Council about the issues several issues including the inaccurate information she referred to in her care plan and how the care provider treated her.
6. The Council responded to the complaint and said the care provider did not have information it believed be inaccurate about Mis B’s name and identity. The care provider had to include historical information in care plans to accurately assess risk.
7. The Council did not find evidence to support Miss B’s views she had been targeted and experienced racism from carers. It said the care provider aimed to work with Miss B to meet her hopes and expectations in line with her care plan. It confirmed the care provider had sufficient safeguards in place to address any quality-of-care issues and report when necessary.
8. We will not investigate Miss B’s complaint because any injustice is not significant enough to justify our involvement. The Council has explained the information in her care plan is accurate despite what Miss B perceives to be the case. There is not enough evidence of fault to justify investigating and we cannot achieve the outcome Miss B wants.

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Final decision

9. We will not investigate Miss B’s complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman