Summary: Mr C complains about his domiciliary care and that he was overcharged. The Ombudsman has ended his involvement as Mr C has started court action.

The complaint

1. The complainant, whom I shall refer to as Mr C, complains about the domiciliary care he received including:

• short, late and missed calls
• overcharging him on invoices
• a failure to provide a copy of the signed contract
• inadequate out of hours provision
• a member of staff trespassing on his property

2. Mr C says he has been overcharged and has not received the care he paid for.

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The Ombudsman’s role and powers

3. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)
4. 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)
5. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

6. I read the papers provided by Mr C and discussed the complaint with him. I have explained my draft decision to Mr C and the care provider and considered the comments received before reaching my final decision.

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What I found

7. During my investigation, Mr C confirmed he had taken his own court action against the care provider through the small claims court and this was ongoing.
8. For this reason, Mr C’s complaint is caught by the restriction set out at paragraph five above and the Ombudsman has no jurisdiction to investigate.
9. Mr C has confirmed he has contacted the Care Quality Commission (CQC). The CQC is the statutory regulator of care services. It keeps a register of care providers who show they meet the fundamental standards of care, inspects care services and issues reports on its findings. It also has power to enforce against breaches of fundamental care standards and prosecute offences.

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Final decision

10. I have ended my involvement as Mr C has taken court action.

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Investigator's decision on behalf of the Ombudsman