Summary: We will not investigate Mrs B’s complaint about the actions of her mother’s, Mrs D’s, Care Provider. This is because we could not achieve the outcome Mrs B wants.

The complaint

1. Mrs B complained about the care her mother, Mrs D received from her Care Provider, which she observed from CCTV footage. Mrs B says carers did not use time appropriately and rushed visits, especially in relation to bathing Mrs D. Mrs B says carers turned up too early or late for visits and put Mrs D at risk of food poisoning because of poor hygiene and food care. Mrs B says carers stole Mrs D’s chocolates and when she complained, the Care Provider gave her Notice to Quit. Mrs B says the Care Provider only gave two weeks instead of the contractual four weeks, which resulted in Mrs D being without care for five days. Mrs B says staff should be dismissed for dishonesty and there should be a change of Management. Mrs B is concerned staff are not qualified or trained and is not sure they are even Disclosure and Barring Services (DBS) checked. She is also concerned other customers may be experiencing poor care but do not have CCTV facilities to know what is happening.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
3. We investigate complaints about adult social care providers. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• the injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

7. Mrs B says Mrs D’s Care Provider did not fulfil the obligations of her contract regarding the agreed notice period. Mrs B is concerned Mrs D was only given notice because she complained. The Ombudsman is usually critical of Care Providers who terminate a contract because it receives a complaint, and not fulfilling the terms and conditions of the contract will have caused inconvenience to both Mrs B and Mrs D, however, further investigation could not achieve the outcome Mrs B wants.
8. We cannot discipline staff or recommended a change in Management. These are personnel matters. Mrs B has confirmed she has not paid for care Mrs D’s Care Provider failed to provide or for calls where carers arrived either too late or too early. Mrs B is concerned others are experiencing a similar service. We cannot investigate this point. The Care Quality Commission (CQC) is the regulator of Care Providers and Mrs B can ask the CQC to consider her concerns about DBS checking and staff training during its routine inspections.

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Final decision

9. We will not investigate this complaint. This is because we could not achieve the outcome Mrs B wants.

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Investigator's decision on behalf of the Ombudsman