Summary: We will not investigate this complaint about how care visits were carried out. This is because there is not enough evidence of fault to justify investigating and we cannot achieve the desired outcome.

The complaint

1. Ms X complains about care services provided to her mother, Ms Y. She says care visits were too short, and carers did not follow instructions about who should enter the home. Ms X says this caused her mother distress. She would like the Council to waive its outstanding bill.

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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 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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council explained it bills service users in 30 minute blocks. It stated Mrs Y was reluctant to allow carers help her, which led to shorter visits and a reduction from three visits daily to once a day. Despite the length and reduction in visits, Mrs Y was provided with the care needed to meet her eligible needs, which the Council can charge for. Therefore, we could not achieve the outcome Ms X wants which is for the outstanding care bill to be waived.
6. Ms X says she asked the Council to make sure only one carer at a time went into Ms Y’s home. She complains that this did not happen. Ms X says this caused distress to her mother. The Council has accepted fault and apologised for any distress caused to Ms Y, which is sufficient to remedy any injustice. This means we will not investigate this complaint, because further investigation would not lead to a different outcome.
7. We will not investigate Ms X’s complaint that a male carer, of a different race to Ms Y, entered the home and went straight to her bedroom. This is there is not enough evidence of fault to justify investigating. There is no evidence Ms Y asked for a carer of a specific gender and, even if she had, the Council would not have to comply. Service users cannot choose carers based on race. A carer going into a bedroom would not be unusual as they provide personal care.

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Final decision

We will not investigate Ms X’s complaint because further investigation would not

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Investigator's decision on behalf of the Ombudsman