Nottingham City Council (23 005 527)

Category : Adult care services > Domiciliary care

Decision : Closed after initial enquiries

Decision date : 17 Aug 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about damage to food in Ms X’s freezer, which she says was turned off by carers visiting her home. This is because further investigation would not lead to a different outcome and it would be reasonable for Ms X to make an insurance claim for any loss.

The complaint

  1. Ms X complained her carers unplugged her freezer. As a result, she had to throw away the food that was in the freezer. Ms X says that this left her without food, as she is unable to cook because of her health and age.

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The Ombudsman’s role and powers

  1. We investigate 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 continue 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

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by Ms X, as well as the Council’s response to her complaint.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council responded to Ms X’s concerns and set out the enquiries that they had made. This included visiting Ms X to discuss what she said had happened and speaking to each carer individually.
  2. Despite these enquiries the Council was unable to establish how the freezer had been turned off.
  3. We would not be able to add to the investigation carried out by the Council. Any further investigation would not lead to a different outcome as we would not be able to establish how Ms X’s freezer had been turned off.
  4. If Ms X would like to try and recover the money she considers she has lost, it would be reasonable for her to make an insurance claim.

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Final decision

  1. We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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