Summary: We will not investigate this complaint about the domiciliary care the complainant’s husband received. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is unlikely we could add anything to the response the complainant has already received.

The complaint

1. The complainant, Mrs X, complained about the domiciliary care her now deceased husband (Mr X) received over five days. Mrs X said carers were rude and the quality of care was poor. She says her husband was left on the floor after a fall and she has been left to pay for care Mr X did not receive.

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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 may decide not to start an investigation if 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 has responded to Mrs X and said:
• It was sorry a carer was rude. Mrs X had already reported this to the care agency. The carer had been spoken to and removed from the contract. They then left the care agency.
• It was sorry Mrs X felt the care was poor. The care was only provided for five days but when care is first provided is often the most difficult time.
• Carers had placed Mr X on a commode, and he had then placed himself on the floor. The care agency called an ambulance who said not to move Mr X. Carers tried to make Mr X comfortable by placing pillows around him, but then had to leave to attend to another client.
6. The Council has responded to Mrs X’s complaints and provided what I consider to be proportionate and reasonable responses. Given the short time Mr X received care it is unlikely we could add anything to the response Mrs X has already received. We will not therefore investigate.

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Final decision

7. We will not investigate Mrs X’s complaint because it is unlikely we could add anything to the response she has already received.

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Investigator's decision on behalf of the Ombudsman