Summary: The investigation into this complaint will be discontinued. The Council has not had the opportunity to investigate the concerns raised about the domiciliary care provided to Mr Y.

The complaint

1. Ms X complains about the quality of domiciliary care provider to her father, Mr Y.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. If they have caused an injustice we may suggest a remedy. (Local Government Act 1974, sections 34 B, 34C and 34 H(3 and 4) as amended)

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How I considered this complaint

3. I have:

• considered the complaint and supporting information submitted by Ms X, and discussed the complaint with her;
• considered the correspondence between Ms X and the Care Provider, including the Care Provider’s response to the complaint;
• made enquiries of the Care Provider and considered the responses;
• considered relevant legislation.

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What I found

Relevant legislation

4. The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 set out the fundamental standards those registered to provide care services must achieve. The Care Quality Commission (CQC) has issued guidance on how to meet the fundamental standards below which care must never fall. These include:

• Regulation 12(i) says a care provider must provide care and treatment in a safe way including by working with health professionals to ensure the health and welfare of residents.
• Regulation 17 requires a care provider to keep accurate, complete and contemporaneous records of care and treatment.

Key facts

5. Mr Y is in his eighties. He has numerous physical health problems, some of which impact on his mobility. He received domiciliary care services from the Care Provider before a hospital admission.
6. After Mr Y was discharged from hospital, he received a brief period of free reablement care from a different care provider. When that ceased, Mr Y chose to return to the Care Provider (Adjoy Healthcare).
7. Following this, Ms X complained about numerous incidents of poor care, including, Mr Y being left on the floor after a carer dropped him during a transfer, which resulted in Mr Y’s knee replacement coming loose, causing him extreme pain. Ms X says a carer did not change a soiled bed before leaving Mr Y’s home which caused Mr Y upset and embarrassment. She says on one occasion a carer turned up in a taxi and told Mr Y to hurry up as she had a taxi waiting. And, on three occasions carers did not turn up at all.
8. Ms X complained to the Care Provider and then to this office. Following enquiries by this office, it became apparent the care was commissioned by the Council. When a Council commissions another organisation to provide services on its behalf it remains responsible for those services and for the actions of the organisation providing them.
9. Before we can investigate a complaint, we must be sure the Council knows about it, and has had a reasonable chance to investigate and reply to it. That is not the case here. The Council is not aware of the issues raised.
10. The investigation will be discontinued. The complaint and information from the Care Provider will be passed to the Council for investigation.

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Final decision

11. The investigation into this complaint will be discontinued. because the Council has not had the opportunity to investigate the concerns raised about the domiciliary care provided to Mr Y.
12. It is on this basis; the complaint will be closed.

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Investigator's decision on behalf of the Ombudsman