Summary: We will not investigate this complaint about adult social care provided to Ms E in her home. This is because the Council has accepted and acknowledged failings in its service and apologised for the stress this caused. The Council has explained how it monitors and intervenes to improve service. It is unlikely we could add to the Council’s investigation or reach a different outcome.

The complaint

1. Ms D says the Care Provider acting on behalf of the Council provided poor care to her mother, Ms E. The Care Provider would not always complete the required care calls, take Ms E’s key from the key safe meaning nobody else could gain access including her food delivery, and gave Ms E out of date food. Another client’s care folder was left outside Ms E’s home which made them worry about the security of data. These issues distressed Ms E, which was upsetting for Ms D, and she worries the stress affected her mother’s health in the last year of her life. When Ms D raised issues with the office she says the staff were rude and unprofessional, or would not return calls, which was frustrating. The Care Provider and Council delayed responding to Ms D’s complaint, which caused further frustration.

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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 or may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

3. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

4. Ms E has died, we have accepted Ms D as a suitable representative.

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council arranged MiHomecare (the Care Provider) to support Ms E in her own home.
8. The Council accepts there were failings in the service provided and has apologised to Ms D for the experience she and Ms E received. The Council acknowledged the stress on Ms D and Ms E.
9. Although there was a delay in responding to Ms D’s complaint, the Council has since provided a thorough response. It is unlikely the Ombudsman could add to that or reach a different outcome.
10. Ms E has since died, so we cannot provide a remedy to her for her distress. There is no ongoing injustice, and the Council has adequately acknowledged the impact on Ms D and apologised to her.
11. The Council has explained how it monitors and intervenes to improve the Care Provider’s service to its customers.
12. Ms D would like the Council to no longer contract with the Care Provider, but that is not an outcome the Ombudsman can achieve.

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Final decision

13. We will not investigate Ms D’s complaint because we could not add to the Council’s investigation or reach a different outcome.

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Investigator's decision on behalf of the Ombudsman