Summary: The Ombudsman will not investigate this complaint that carers, acting on behalf of the Council, broke the complainant’s stairlift. This is because it is unlikely the Ombudsman could add to the Council’s response or that an investigation would lead to a different outcome.

The complaint

1. The complainant, whom I refer to as Mrs X, complains that carers broke her stairlift and will not pay for the repair. She wants the Council to pay the £178 cost of the repair and apologise.

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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 an investigation if we believe:

• 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.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s response. I invited Mrs X to comment on a draft of this decision.

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What I found

What happened

4. Mrs X has a stair lift. On a previous occasion the stairlift was damaged. The care company accepted its staff were responsible for the damage. The company paid for the repair.
5. Mrs X says the carers broke the stairlift again on 2 February. Her husband was admitted to hospital that night and she reported the damage on 5 February.
6. The care firm declined to pay for the second repair. In response to her complaint, the Council, who commissioned the care, said the carers were all aware that they must not touch the footplate and were aware of the instructions relating to the stairlift. The carers reported that Mr X sometimes used the stairlift independently. The carers were adamant they had not damaged the stairlift in February and it was working when they last attended the property on 2 February. The Council confirmed it would not pay for the repair because there was no evidence the carers caused the damage.

Assessment

7. I will not start an investigation because I cannot add to the Council’s response. I did not witness what happened to the stairlift and there is no independent evidence to explain what happened. I appreciate the stairlift was damaged but there is no evidence that the carers were responsible. On this basis there is no reason to start an investigation or ask the Council to pay £178. The care firm previously paid for the repair which shows it is willing to take responsibility when the evidence shows its carers caused the damaged. But, on this occasion, there is nothing to suggest the carers damaged the stairlift.

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Final decision

8. I will not start an investigation because it is unlikely I could add to the Council’s response or that an investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman