Summary: The Ombudsman has discontinued its investigation into the care provided by an agency funded by the Council. As the agency no longer exists and is unable to comment or provide information on the complaint, the Ombudsman is unable to carry out a proper investigation.

The complaint

1. Ms B complains on behalf of her mother, Mrs C, who has sadly passed away. Ms B complained about the care that agency K provided to Mrs C.

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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)

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How I considered this complaint

3. I have discussed the complaint with Ms B and considered the documents that she and the Council have sent.

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What I found

4. Mrs C lived at home and received care from agency K because she had Alzheimer/Dementia. Agency K started to provide care in March 2017.
5. The agency gave notice in July 2017 and the Council found a different agency which started providing care to Mrs C after that date.
6. Ms B complained to the agency in July 2017. The complaints related to:
• There was a meeting between the agency and the family on 14 May 2017. The family said it was not told this meeting was an assessment and the agency had ticked boxes on the assessment form without the family’s input.
• The agency never provided evidence that the carers had received dementia training.
• Failure to use the hoist to transport Mrs C.
• The agency contacted Mrs C’s GP about her medication.
• An incident on 25 June 2017 when the agency said Mrs C acted aggressively and the family disputed the agency’s version of events.
• A behaviour assessment dated 25 May 2017 which the family disputed.
7. The complaint went through the agency’s 3 stage complaints procedure and the final response was sent in December 2017.
8. Ms B went to the Ombudsman in December 2017. The Ombudsman contacted the Council to check whether the complaint had gone through the Council’s complaints process. The Council sent a letter to Ms B on 2 February 2018 to say it had received the complaint via the Ombudsman and it would investigate the complaint and respond by 15 February 2018. The Ombudsman closed the complaint as premature.
9. The Council then looked into the complaint further and realised the complaint had gone through the agency’s complaints process and therefore the Council would not investigate it further. It informed the Ombudsman of this in April 2018, but it did not write to Ms B.
10. Sadly, Mrs C died in April 2018.
11. Ms B pursued her complaint again in November 2019 and came to the Ombudsman.
12. The Council informed the Ombudsman that the agency had gone into liquidation in November 2018 and had been sold. The new company was not able to provide information or comments.

Analysis

13. Unfortunately, as the agency no longer exists and is therefore unable to provide any information or comments on the complaint, the Ombudsman cannot carry out a proper investigation or come to any conclusion. Also, it is not clear what any further investigation could achieve. Sadly, Mrs C has passed away so any injustice to her cannot be remedied. Any concerns about the agency’s practice can also no longer be addressed.
14. Therefore, as it is unlikely that anything can be achieved by further investigation, I have decided to discontinue the investigation.

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Final decision

15. I have discontinued the investigation.

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Investigator's decision on behalf of the Ombudsman