Summary: The investigation into the quality of care provided to Mr Y will be discontinued. This is because any further investigation by the Ombudsman could not make a different finding or provide a different outcome to that provided by the Council

The complaint

1. Mrs X complains about the quality of domiciliary care provided to her father by My Home Care (the care provider), on behalf of the Council.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I considered the written complaint and the comments made by Mrs X during telephone discussions with this office. I also considered the Council’s response to the complaint.

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What I found

5. The Council investigated Mrs X’s complaints about the way her father, Mr Y, had been treated by the care provider.
6. In relation to carers not turning up at the requested times, it explained the care provider had taken account of the requested call times, but it had informed Mr Y’s family it could not guarantee arriving at the exact times. On some occasions carers were delayed because of circumstances beyond their control. For example, on one occasion a carer was delayed because of a road traffic accident. There was an occasion when a family member who usually let the carer in was still in bed, so the carer could not gain access and had to go to other calls before returning to Mr Y. On occasions carers were very late the family sometimes turned them away.
7. The Council expects care providers to arrive within 30 minutes of a planned call time as this is a contractual requirement. Given Mrs X had reported a 1-hour delays, the Council’s contracts team followed this up with the care provider as it considered it a ‘reportable incident’.
8. In relation to Mrs X’s complaint about a carer not having the correct PPE, the Council said, that following Mrs X’s complaint, the care provider identified a faulty batch of aprons, which were disposed of immediately. The Council said it expects care providers to check PPE prior it being distributed to carers, and to use it as directed. Once alerted to the issue, the Council instructed an infection control officer to immediately carry out an unannounced visit to the care provider’s office.
9. In relation to a female Muslim carer being sent, when Mr Y had explicitly requested no female Muslim or male carers. The Council explained the error was due to staff shortages because of the pandemic. When the error was realised, the care provider sent another carer immediately, but it cause a delay. The care provider acknowledged the error and apologised for any distress caused.
10. The care provider contacted the Council to report a breakdown in communication with Mr Y’s family. It gave notice to end the service. The Council said it expected care providers to work with the families in resolving communication issues, and said it would address this with the care provider.
11. Overall, the Council partially upheld the complaint and apologised on behalf of the care provider for any upset caused.
12. I am satisfied the Council thoroughly investigated the complaint and acted promptly and robustly where it identified any failure by the care provider. It provided Mrs X with a detailed complaint response and apologised for the identified failures. Any investigation by this office could not provide a different outcome.

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Final decision

13. The investigation into this complaint will be discontinued. This is because any further investigation by the Ombudsman could not make a different finding or provide a different outcome to that provided by the Council.
14. It is on this basis; the complaint will be closed.

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Investigator's decision on behalf of the Ombudsman