Summary: We will not investigate Mr B’s complaint about the way he was treated by his care provider. This is because further investigation could not add to the Care Provider’s responses.

The complaint

1. Mr B complained he was bullied and harassed by his care provider. He says his care provider gave conflicting information about providing care over the bank holidays. He was not provided with care over the Christmas bank holiday but received it over the New Year bank holiday. Mr B says call times were inconsistent. Mr B says the Council continues to invoice him for care he does not receive. Mr B says the Council has not reviewed his care needs for over 12 months.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Care Provider responded to Mr B’s complaints. It said it wrote to clients to inform them of the processes over the bank holidays and contacted Mr B on 22 December to see if he wanted to rearrange his visit which fell on a bank holiday. The Care Provider said staff denied being abusive or bullying on the telephone but tried to explain procedures, that is that all non-necessary visits, including Mr B’s call, are to be rearranged if they fall on a bank holiday. It acknowledged call times were sometimes inconsistent and ensured him his visit would be provided at the time scheduled.
6. The Care Provider apologised if Mr B felt disrespected but confirmed it was not the carers intent. Mr B perceived the conversation as abusive and felt bullied, but we could not make a finding on this point even if we investigated. This is how Mr B felt. The Care Provider acknowledged some call times were inconsistent and said it would ensure visits would be carried out at the times agreed. Further investigation by us could not add to this.
7. Mr B says he gave notice to the Care Provider, but the Council continues to charge him for care he has not received. In addition, Mr B says the Council has not reassessed him for over 12 months. I have not considered these points. Mr B confirmed he had not advised the Council he had given notice to his Care Provider so he will need to tell it he no longer receives care and explain the reasons why he is not paying his invoices. He can ask the Council to reassess his needs if he feels they have changed since he was last reviewed.

Back to top

Final decision

8. We will not investigate Mr B’s complaint because further investigation by us could not add to the care Provider’s response or make a different finding of the kind Mr B wants.

Back to top

Investigator's decision on behalf of the Ombudsman