Summary: The Ombudsman will not investigate Mrs X’s complaint that she has not been told the outcome of a disciplinary investigation into the actions of her uncle’s carer. This is because an investigation would be unlikely to be able to add to the response already provided by the Council. Also, we cannot achieve the outcome Mrs X seeks because we cannot provide her with the carer’s confidential information.

The complaint

1. The complainant, whom I refer to here as Mrs X, complains she has not been informed of the outcome of a disciplinary investigation into the actions of her deceased uncle’s carer.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered the information and documents Mrs X provided in making her complaint to this office. This included the Council’s written responses to her complaint. I sent Mrs X a draft of my decision and invited her comments on it.

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What I found

5. Mrs X is the executor to her deceased uncle’s estate. When dealing with his papers, Mrs X found evidence to show one of his domiciliary carers had borrowed over £4000 from him.
6. Mrs X reported the matter to the police, CQC and the Council. The Council opened a safeguarding enquiry and said the care agency would carry out an internal investigation into the carer’s actions. This has been completed.
7. Mrs X complains the care agency will not share the outcome of its misconduct investigation against the carer. Specifically, she would like to know the disciplinary action the agency took; for example, whether the carer was given advice, a final warning, was dismissed or barred.
8. The care agency says it investigated the carer’s actions in line with its policies and procedures and ACAS code of conduct. It says it has taken appropriate action regarding the carer’s actions. It said it would not share any further details with Mrs X on the action it has taken as it is confidential information to the carer.
9. The Council has confirmed to Mrs X it is aware of the outcome of the care agency’s investigation and says it is satisfied with the action taken but also cannot share this with Mrs X as it is confidential information.

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Final decision

10. We will not investigate this complaint. An Ombudsman investigation would serve no useful purpose for Mrs X on this occasion. We cannot achieve the outcome Mrs X seeks as an investigation would be unlikely to add significantly, if at all, to the Council’s response which explains why the information she requested will not be shared with her.

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Investigator's decision on behalf of the Ombudsman