Summary: The Ombudsman will not investigate Mr A’s complaint that carers providing care to his aunt, Mrs B, were negligent and caused her harm. This is because the Ombudsman could not say how Mrs B sustained the injuries or make a finding of neglect. The court can consider claims for compensation and it would be reasonable for Mr A to ask the court to consider whether the evidence he has meets the eligibility criteria for a claim of neglect and compensation.

The complaint

1. Mr A says carers escorting his aunt, Mrs B, on a shopping trip failed to record an incident where Mrs B sustained an injury. Mr A says carers pushed the wheelchair hard up a kerb and jarred Mrs B’s shoulder resulting in a broken bone. Mr A says the care provider should pay compensation for the distress and upset caused to Mrs B and ensure it has adequate procedures in place for recording incidences.

Back to top

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, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• 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)

Back to top

How I considered this complaint

3. I considered the information and documentation Mr A and the Council provided. I sent Mr A a copy of my draft decision for comment.

Back to top

What I found

4. Mr A says care staff caused the injury to Mrs B while out shopping and so it should compensate her.
5. The care provider says there was an incident while Mrs B was out shopping where her wheelchair slightly hit a raised paving slab and jolted her in the chair. It was not recorded by the carer as Mrs B did not express any concerns or discomfort. It advised Mr A the carer had attended further supervision regarding reporting and recording.
6. The Ombudsman could not say how Mrs B sustained the broken bone in her shoulder and could not make a finding it was because of the care provider’s neglect. The care provider has explained the carer has undergone additional supervision about recording incidents and the Ombudsman could achieve no more than this even if he investigated.
7. Claims for compensation are properly for the courts to determine. It would be reasonable for Mr A to ask the court to consider whether the care provider should be liable to pay compensation. Information about claims for personal injury can be found on the website below:

https://www.citizensadvice.org.uk/law-and-courts/personal-injuries/

Back to top

Final decision

8. The Ombudsman will not investigate this complaint. This is because the Ombudsman could not say how Mrs B sustained the injuries or make a finding of neglect. The court can consider claims for compensation and it would be reasonable for Mr A to ask the court to consider whether the evidence he has meets the eligibility criteria for a claim of neglect and compensation.

Back to top

Investigator's decision on behalf of the Ombudsman