Summary: We will not investigate this complaint about lack of care provided to Mr C’s brother, Mr D. This is because neither Mr C nor Mr D have suffered a significant enough injustice to warrant an Ombudsman investigation.

The complaint

1. Mr C complained his brother’s, Mr D’s Care Provider failed to take him to his GP when he told them he was concerned about a mole growing on his face. Mr C says this is not the first time they have ignored his concerns about Mr D’s care and says they get paid a lot of money to provide him with care. Mr C says he had to take a day off work and take Mr D to this GP and even then it took his Care Provider nearly two weeks to collect his medication from the pharmacy. Mr C wants a full investigation into the actions of Mr D’s Care Provider.

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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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We do not have written consent for Mr C to complain on behalf of Mr D.
6. Mr D lives independently with a care package. Mr C says he was concerned Mr D’s mole may have been cancerous, however, it was open to Mr C as a close family member to arrange the GP visit, as he did. Mr C received treatment and the matter is resolved. There is no injustice to Mr D we need to consider, and the time and trouble Mr C went to is no more than one might expect of a caring family member.

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Final decision

7. We will not investigate Mr C’s complaint because neither Mr C nor Mr D has suffered a significant enough injustice to warrant an Ombudsman investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman