Derbyshire County Council (21 009 873)
Category : Adult care services > Domiciliary care
Decision : Closed after initial enquiries
Decision date : 26 Nov 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about allegations made by carers about Mr X’s behaviour when they provided domiciliary care to his wife. This is because there is not enough evidence of fault to justify an investigation.
The complaint
- Mr X says Care Provider staff made false allegations about his behaviour when they provided domiciliary care to his wife. Mr X says the Care Provider decided it would no longer care for his wife and the Council struggled to find alternative care due to the allegations. Mr X says this was traumatic for him and his wife and is seeking an apology.
The Ombudsman’s role and powers
- 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. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Care Provider has recorded multiple incidents where different staff members have alleged inappropriate or abusive behaviour by Mr X. Care Provider records also indicate that previous care providers reported similar issues to the Council about Mr X’s behaviour. Therefore, an investigation by the Ombudsman is unlikely to find fault with the actions of the Care Provider or the Council.
- The Council has now arranged alternative care for Mr X’s wife.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman