Summary: We will not investigate Mr X’s complaint about the care provided to his relative by their care provider. This is because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mr X complains about the care provided by his relative’s care provider. He complains:
• The carers inappropriately used the fire exit to leave his relative’s property.
• Incorrect call attendance timings recorded by carers.
• Bedding was left damp with urine and bedding not changed appropriately.
• Carers failed to always wear personal protective equipment.
• Carers failed to sign into the building.
• Inadequate care provided as relative left to sleep on sofa and concerns about swollen ankle not reported.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X’s relative, Mrs B, received care and support at home. Mr X raised several concerns about the level of care provided by the carers.
6. During its investigation, the Council accepted there were some faults with the care provider’s actions. It upheld or partially upheld most Mr X’s complaints.
7. The Council apologised to Mr X. However, we note no personal remedy was made to recognise the distress caused to Mr X by the faults identified and accepted.
8. If we were to investigate, it is also likely we would find fault with the Council for delays with its complaint handling. This is because Mr X first complained in March 2023, but the Council did not respond to his complaints until October 2023. As the complaint is related to adult social care services, the Council had up to six months to respond to the complaint. Therefore, there was a delay of one month. I am satisfied this delay is likely to have caused time and trouble to Mr X.
9. We therefore asked the Council to consider remedying the injustice caused by the faults agreed by making a symbolic financial payment of £300.

Back to top

Agreed action

10. To its credit, the Council agreed to resolve the complaint and will complete the above within four weeks of the final decision to put things right.

Back to top

Final decision

11. We have upheld this complaint because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

Back to top

Investigator's decision on behalf of the Ombudsman