Summary: We will not investigate this complaint about the way Mr B was treated by his Care Provider. This is because we could not make a different finding to that already given by his Care Provider who has apologised for the distress caused to him. We are satisfied an apology remedies any injustice caused to him from the Care Provider’s actions.

The complaint

1. Mr B complained carers accused him of shouting at them when video evidence he produced showed this to be incorrect. Mr B says carers did not turn up at the times agreed and on one occasion he had to wait until 7 pm to get an evening meal. Mr B says his care was affected by this as was his mental health.

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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 Care Provider investigated Mr B’s complaints. It explained only under special circumstances are carers allowed to pull out of visits and his complaints will be passed onto a manager for consideration in the future. It acknowledged the video evidence he produced did not show him shouting at carers but explained sometimes what he said may come across negatively and made carers unhappy. It advised carers to use antibacterial spray not bleach and replaced coffee and a chipped mug.
6. Mr B says carers chipped three mugs not one and he had to wait until 7pm on one occasion for his meal. These incidences have not caused a significant enough injustice to warrant an ombudsman investigation. The Care Provider apologised for the distress caused and the Council changed Mr B’s Care Provider. There is no unremedied injustice from this point.
7. Mr B says his new Care Provider has given notice to quit and is concerned he will be left without care. I have not considered this point. Mr B will need to raise this new complaint with the Council in the first instance. The Council will advise Mr B how he will receive the care he is assessed as needing in the future.

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Final decision

8. We will not investigate Mr B’s complaint because we are satisfied an apology remedies the fault.

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Investigator's decision on behalf of the Ombudsman