Summary: Mrs C complains about the domiciliary care provided to her father. Mrs C says her mother suffered avoidable distress and her father did not receive all the care due and she spent unnecessary time and trouble in pursuing the matter. We have ended our investigation as the Council’s proposed actions of cancelling the outstanding charges and symbolic payments for both distress and time and trouble provide a suitable remedy.

The complaint

1. The complainant, whom I shall refer to as Mrs C, complains about the domiciliary care provided to her father, Mr X. In particular, Mrs C complains the Council failed to:
1. provide timely information about the costs of Mr X’s care;
2. provide a copy of Mr X’s care and support plan; and
3. properly investigate and take appropriate action in response to her reports about the quality of the care provided.
2. Mrs C says because of the Council’s fault, her mother suffered avoidable distress about financial matters during an already difficult time and her father did not receive all the care due. Mrs C also says she has spent unnecessary time and trouble in pursuing the matter.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

4. I read the papers provided by Mrs C and discussed the complaint with her. I have considered some information from the Council which is set out in this statement. I have explained my draft decision to Mrs C and the Council and provided an opportunity for comment.

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What I found

5. During the course of my investigation, the Council proposed the following to provide a remedy for Mrs C’s complaint:

• the cancellation of the outstanding non-residential charges which currently amount to £2,045.28;
• a symbolic payment of £300 to acknowledge Mrs C’s mother’s avoidable distress; and
• a symbolic payment of £300 to acknowledge Mrs C’s time and trouble.

6. I have also considered the Council’s previous apology to Mrs C about this matter.
7. The Council’s proposed action above together with the previously provided apology is in line with the Ombudsman’s Guidance on Remedies.
8. Based on the information provided, I am satisfied the Council’s proposed actions above provide a suitable remedy and further investigation by the Ombudsman would not achieve a better outcome for Mrs C.

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Final decision

9. I have ended my investigation as I am satisfied the Council’s proposed actions provide a suitable remedy and further investigation by the Ombudsman would not achieve a better outcome.

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Investigator's decision on behalf of the Ombudsman