Summary: We will not investigate this complaint about the level of care provided by Mr X’s parent’s care provider, and of poor complaint handling. This is because further investigation would not lead to a different outcome. In addition, we are unlikely to find fault with the Council’s complaint handling.

The complaint

1. Mr X complains about the level of care provided by his parent’s care provider before they chose to go into a care home in July 2021. He feels the care provider should have identified his mother had her own care needs and referred her to the Council. He also complains about how the care provider dealt with his complaint.

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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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome.

(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. Mr X was not happy with the care provider’s handling of his complaint. However, as the Council commissioned the care provider, it is responsible for the care provided. The Council has responded fully to Mr X’s complaint. Therefore, it is not proportionate for us to investigate the care provider’s complaint handling.
6. Mr X said it was not clear to him how the Council investigated his complaint without knowing what services the care provider had provided. It is for the Council to decide what information it needs to respond appropriately to a complaint.
7. Having reviewed the Council’s complaint responses, I can see they do refer to the support provided by the care provider. I do acknowledge Mr X’s view that this was perhaps not in as much depth as he would have liked. However, it is not proportionate for us to investigate further as it unlikely we would find fault with the way the Council investigated and responded to the complaints.
8. Finally, the Council has accepted the care provider should have referred Mr X’s mother to the Council for an assessment when they started providing her with support during her husband’s care calls. The council has apologised for this.
9. Further investigation would not lead to a different outcome. This is because we would not be able to say whether this would have affected Mr X’s parent’s decision to move to a care home.

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Final decision

10. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome. In addition, we are unlikely to find fault with the Council’s complaint handling.

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Investigator's decision on behalf of the Ombudsman