Summary: The Ombudsman will not investigate Miss X’s complaint about the outcome of her complaint about a carer. This is because it is unlikely we could add to the response already provided via the care provider’s investigation. Also, the Ombudsman cannot consider disciplinary matters.

The complaint

1. The complainant, who I refer to as Miss X, complains about the care provider’s response to her complaint after a carer swore at her. Miss X is unhappy with the outcome of the disciplinary investigation as the carer was issued with a written warning.

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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 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:

• 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))

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How I considered this complaint

4. I considered the information Miss X provided in her complaint. I also considered the complaint correspondence which we requested from the care provider. I sent Miss X a draft copy of my decision and invited her comments on it.

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What I found

5. Miss X complained to the care provider after her domiciliary carer swore at her.
6. The care provider investigated and apologised for the carer’s actions. It did not charge Miss X for the two visits relevant to the complaint and ensured the carer would not visit Miss X again. The carer was asked to provide a written apology to Miss X and the care provider ensured this was sent.
7. The care provider started a disciplinary investigation and, as a result, the carer was issued with a formal written warning. The care provider says this was decided in line with its polices and took account of the fact this was an out of character, first offence.
8. Mrs X is dissatisfied with the outcome of the disciplinary action and, as a result, does not think her complaint was taken seriously.

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Final decision

9. We will not investigate this complaint. This is because it is unlikely an investigation by the Ombudsman could add to the response already provided by the care provider’s investigation.
10. We cannot consider, or recommend, disciplinary action. Such matters lie outside our remit. Nor can we consider whether the disciplinary action it took in relation to the carer is reasonable. However, it is clear from the care provider’s response that it has taken Miss X’s complaint seriously and has acted to try to remedy this.

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Investigator's decision on behalf of the Ombudsman