Summary: Mr X complained about allegations made against him by a Council-funded care provider. We will not investigate this complaint as it is unlikely we would find fault.

The complaint

1. Mr X complained about allegations made against him by a care provider. Mr X’s friend, Mrs Y, receives care from the care provider, part funded by the Council. The Care Provider says Mr X used obscene language, but has not told him the exact allegation so he cannot properly defend himself.

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The Ombudsman’s role and powers

2. 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 would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered the information Mr X provided when he complained to the Ombudsman.
4. I considered complaints correspondence provided by the Council.
5. I considered Mr X’s comments on a draft version of my decision.

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What I found

6. Mr X is main carer to his friend, Mrs Y. She also receives visits from a domiciliary care provider, part funded by the Council.
7. The care provider wrote to Mr X in 2019 after its carers had raised concerns about Mr X’s communication. The language Mr X used has been described as inappropriate, obscene and degrading. Mr X says the allegations are unfounded.
8. The incidents were reported to management at the care provider on several occasions, by different members of staff. The care provider’s letter to Mr X asked him to be mindful of how his communication had made carers feel.
9. Mr X has been asked to leave the property while carers provide personal care to Mrs Y. The Council investigated Mr X’s complaint and supported the care provider’s decisions.
10. The care provider and Council have not told Mr X what he is alleged to have said. Doing so would help Mr X feel he has had the opportunity to defend himself properly. However, I do not believe this alone would amount to maladministration if we investigated this complaint.
11. We could not say now what exactly was said between carers and Mr X. It would not be possible for us to confirm whose account of events is correct. The care provider has a responsibility to deal with any issues that jeopardise the health and safety of its staff. The care staff were significantly concerned about Mr X’s behaviour and its impact on their ability to provide care to Mrs Y, such that the care provider chose to take action. I do not believe we would find fault if we investigated Mr X’s complaint and so I am using my discretion not to begin an investigation.

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Final decision

12. The Ombudsman should not investigate this complaint. This is because it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman