Summary: We will not investigate this complaint about care provided to Ms B by her care company. This is because the Council has agreed to follow up Ms B’s complaint if she agrees and gives consent for her information and data to be shared. We could achieve no more.

The complaint

1. Ms B complained to the Council about her care provider. Ms B says a carer physically and verbally abused her and the care provider sent untrained and non-English speaking carers. Ms B says she no longer uses this company and consequently now has a poorer level of personal care. Ms B says the Council has not properly investigated her concerns and she is left feeling anxious when new carers come to the house.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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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. The Council says it brought the concerns Ms B raised to the attention of its Integrated Quality Monitoring service and asked her, given the nature of the concerns she raised, if she wanted to pursue a safeguarding enquiry. The Council says it was unable to investigate Ms B’s complaints further because Ms B did not agree to it contacting the care company about her and signed data protection documentation to this effect. The Council says it understood Ms B’s new care provider was going well and advised us it would be willing to investigate her complaints further if Ms B provides the necessary consent. We could achieve no more than this. Ms B can provide the necessary consent to the Council to share data so it can investigate further. Without consent it cannot do this.
6. Physical assault is a criminal matter. Ms B can ask the police to consider her allegations that a carer physically assaulted her.
7. Ms B says her current care company does not provide the level of personal care she received from her previous provider. The Council says it understood Ms B care package was going well. Ms B will need to raise any concerns about her current provider with the Council so it can either reassess her needs or clarify her concerns about her care provider.

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Final decision

8. We will not investigate Ms B’s complaint because the Council has agreed to follow up Ms B’s complaint if she agrees and gives consent for her information and data to be shared. We could achieve no more.

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Investigator's decision on behalf of the Ombudsman