Summary: We will not investigate this complaint about the actions of Mrs C’s Care Provider. This is because we are satisfied with the remedy offered by the Care Provider for the injustice caused to Mrs B and Mrs C. Further investigation could not make a finding of the kind Mrs B wants.

The complaint

1. Mrs B complained her mother’s, Mrs C’s, night-time carer was asleep when they should have been awake. Mrs B says she installed cameras to ensure Mrs C was safe in her home with live in carers but observed her carer asleep on the floor on a couple of occasions. Mrs B says if Mrs C had needed care they would not have been able to provide it.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Care Provider investigated Mrs B’s complaints. It said it discussed her concerns with the carer on duty who said they were allergic to the furniture and so could not sit on it. The carer said they decided to lie on the floor to listen to an audio book. The Care Provider said from the camera evidence Mrs B provided it was impossible to say if the carer was asleep or just lying on the floor. It acknowledged this was a difficult situation but said the carer was available to assist Mrs C if needed. The Care Provider said as a goodwill gesture it will raise a credit note for £400 against Mrs C’s invoice.
6. We could not make a different finding even if we investigated. We would not be able to say the carer was asleep as Mrs B alleges. Although Mrs B is concerned if Mrs C had needed care, her carer would not have been able to provide it, Mrs C did not require care during this time. The Care Provider has offered to credit Mrs C’s account with £400 for the inconvenience caused and we are satisfied the injustice caused to Mrs B and Mrs C has been remedied.

Back to top

Final decision

7. We will not investigate Mrs B’s complaint because we are satisfied with the remedy offered by the Care Provider for the injustice caused to Mrs B and Mrs C. Further investigation could not make a finding of the kind Mrs B wants.

Back to top

Investigator's decision on behalf of the Ombudsman