Summary: We will not investigate Miss X’s complaint about not receiving any care and support services at home for four days. This is because we could not add to the investigation already carried out by the Council.

The complaint

In short, Miss X complains about the Council’s failure to ensure she had care provision upon her return from respite care. She said she could not prepare meals and felt very cold due to the lack of food. She would like an apology, and an urgent review of her social care needs to increase the care package.

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The Ombudsman’s role and powers

1. 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)
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:

• we could not add to any previous investigation by the organization.

(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 X says she could not prepare meals for four days and felt ill as her medical condition was aggravated by the lack of suitable food.
6. The Council says Miss X’s care agency gave it 7 days’ notice that it was ending its services to Miss X. And that the next day, Miss X’s relative told the Council that, Miss X was away for respite care 10 days starting from the day before.
7. The Council said it was not respite care arranged by it, so it tried to contact the relative to find out more, to no avail. For the next few days, the Council says it also tried to call Miss X directly and failed to receive any response.
8. In the meantime, the Council arranged for a new care agency to ensure there would be no gaps in Miss X’s service provision. The new care agency started trying to contact Miss X too to arrange an assessment needed prior to any services starting.
9. Miss X’s relative responded about a week after. The Council then tried to call Miss X at the hostel where she was staying but the hostel refused to provide any information. By this time the new care agency also gave notice to the Council as it had not been able to contact Miss X in time.
10. The Council says its records show that Miss X contacted the Council when she returned. The Council recorded Miss X had managed to get food from a voluntary organisation, was able to make sandwiches and could use her microwave oven and hob. But the Council officer also got a food parcel from a food bank and delivered this to her. And the next day a new care agency was found who started the day after.
11. Overall, the Council found the lapse in service was not due to any failings by it as it took the necessary steps to maintain care provision. And it did not uphold other minor associated complaints, which in any event, it said could be picked up in the latest reassessment.
12. We will not investigate. I have seen information showing the Council investigated Miss X’s concerns in some detail and we could not add to this investigation.

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Final decision

13. We will not investigate Miss X’s complaint because we could not add to this investigation.

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Investigator's decision on behalf of the Ombudsman