Summary: We will not investigate this complaint about the Council’s response to concerns raised by Ms X about her father Mr Y’s care. This is because an investigation would not lead to a different outcome.

The complaint

1. Ms X complained the Council failed to take a complaint she made about the care her father Mr Y was receiving seriously.
2. Ms X complained she has been caused distress and inconvenience by the Council’s actions.

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The Ombudsman’s role and powers

3. 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

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complained that a carer sent to assist her father Mr Y behaved unprofessionally and when her mother contacted the care provider to complain, they failed to take it seriously. Ms X also said when she completed a subject access request, she noted discrepancies on the carer’s notes.
7. The care provider responded to Ms X’s complaint by holding a meeting with the care provider manager and discussing the concerns raised. The care provider arranged for Ms X’s mother to receive respite and after reviewing the standard of care provided, agreed that the carer involved in the dispute should not return to care for Mr Y. The care provider also agreed to send a list of pre-approved carers to Ms X’s mother for approval. Mr Y is no longer receiving care from the care provider.
8. Ms X remains unhappy with the Care Providers’ actions and wants us to find the Council who commissioned the care at fault. The evidence shows the concerns Ms X raised were investigated in line with what we would expect. The care provider then took action to ensure the issues did not reoccur. I can see the provider also invited Ms X to inform it if there were further issues that remained unresolved. The evidence shows the complaint points were taken seriously and dealt with in a proportionate manner. There is therefore nothing further an investigation would achieve for Ms X.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman