Summary: The Ombudsman will not investigate Mrs A’s complaint about the number of carers her mother’s Mrs B’s, care provider sent. This is because the care provider has explained the reasons for the increase in different staff and the Ombudsman could not add to this. Mrs A has now changed Mrs B’s care provider so there is no ongoing injustice warranting an Ombudsman investigation.

The complaint

1. Mrs A complains that her mother’s, Mrs B’s previous care provider sent 11 different carers in one week. Mrs A says carer time keeping and continuity of staff was poor. Mrs A says Mrs B needed the security of knowing who is coming to provide her care and, given the winter nights ahead, decided to change providers. Mrs A says the care provider did not respond to her complaint within 5 working days but instead took 9 days to provide a written response. Mrs A says the response she received is unsatisfactory. Mrs A says the care provider is not fit for purpose.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers. 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:

• the action 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 care provider, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, sections 34B(8) and (9))

Back to top

How I considered this complaint

3. I considered the information and documentation provided by Mrs A and the care provider. I sent Mrs A a copy of my draft decision for comment.

Back to top

What I found

4. Mrs A contacted Mrs B’s care provider on 23 July concerned about the inconsistency of staff attending Mrs B. The care provider responded on 9 August. It apologised to Mrs A and her family because of the inconsistent staffing and said:

‘During our telephone conversation you stated that you had been made aware that one of your mothers regular morning care staff members are currently not at work, you advised that you are happy for us to implement other care staff but would like the regular carer reinstating on her return to work; you also stated that a staff member that had been regular at tea time had been removed from the calls. Care Coordinator has agreed that senior staff will be implemented into the morning call until your mothers regular care staff member returns to work, it has also been agreed that the teatime care worker will be reinstated on her days to work.

Once again, I would like to offer my apologies for any stress that we may have caused to you and your family’.

5. Mrs A is unhappy with this response and has asked the Ombudsman to consider it further. The care provider has explained why it was necessary to send different carers and what it would do to try to ensure continuity of staff for Mrs B. The Ombudsman could not add to this even if he investigated. Mrs A decided to give notice and find a new care provider for Mrs B. there is no ongoing injustice warranting an investigation by the Ombudsman.
6. Mrs A is concerned the care provider did not respond to her complaints within the timescales set out in the complaints processes. The Ombudsman will not investigate Mrs A’s complaint about the way the care provider considered her complaints. Where the substantive matters do not themselves warrant investigation, the Ombudsman will not normally consider how the care provider has responded to a complaint about them. That is the case here.

Back to top

Final decision

7. The Ombudsman will not investigate this complaint. This is because the care provider has explained the reasons for the increase in different staff and the Ombudsman could not add to this. Mrs A has now changed Mrs B’s care provider so there is no ongoing injustice warranting an Ombudsman investigation.

Back to top

Investigator's decision on behalf of the Ombudsman