• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• My assessment
• Final decision

The Ombudsman's final decision:

Summary: We will not investigate this complaint about adult social care at home. The Care Provider has accepted fault, apologised, will refund or credit any payment for services not received, and will improve service by raising issues with its staff in supervision meetings. It is unlikely the Ombudsman could reach a different outcome.

The complaint

1. Ms G says her father (Mr H) is not receiving the care he pays for from the Care Provider. Ms G finds it stressful checking up and having to raise complaints which are denied despite her having proof.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the care provider, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr H receives care at home from Agincare UK Worthing run by Agincare UK (the Care Provider).
6. The Care Provider accepts its staff have not stayed for the full 45-minute care visits. The Care Provider will discuss this with the relevant care staff in supervision meetings, and will refund or credit Mr H what he has overpaid.
7. The Care Provider accepts it failed to communicate when it was running late, and that Ms G could not contact it because of a fault with its telephone lines. The Care Provider has given Ms G an emergency contact number, apologised for its failure to tell Mr H and/or Ms G of the late visit, and will speak with the relevant manager in a supervision meeting.
8. The Care Provider has taken appropriate action to acknowledge the impact of its failings, and to improve future service. It is unlikely we could add to its investigation or reach a different outcome. Ms G thinks the relevant manager should be replaced, but this is not an outcome the Ombudsman can achieve. We have no powers to get involved in personnel matters.

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Final decision

9. We will not investigate Ms G’s complaint because it is unlikely we could add to the Care Provider’s investigation, reach a different outcome, or achieve the outcome Ms G wants.

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Investigator's decision on behalf of the Ombudsman

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