Summary: We will not investigate Mr X’s complaint about the behaviour of a carer. He says the carer refuses to abide by the wishes of another residents with regards to call times. This is because Mr X does not have consent to bring the complaint on the resident’s behalf. In addition, an investigation would not lead to any worthwhile outcomes.

The complaint

1. Mr X complains about the behaviour of a carer who provides care to residents in his property. He says the carer refuses to abide by the wishes of another resident with regards to call times. Mr X said he has had several verbal confrontations with the carer.

Back to top

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 an investigation if we believe:

• it is unlikely investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X lives in a housing scheme. A care provider provides care to some of the residents within the housing scheme. Mr X does not receive any care services from the care provider himself.
6. We cannot investigate Mr X’s complaint about a carer not abiding by the wishes of another resident with regards to call times as Mr X does not have appropriate consent from the resident to make the complaint on their behalf.
7. The care provider responded to Mr X’s complaints and explained it had reminded its staff about how they present themselves and how they speak to members of the public to ensure they are being respectful.
8. An investigation is not proportionate as it would not lead to any worthwhile outcomes. This is because we are not likely to make any further recommendations.
9. In addition, we could not achieve the outcome Mr X wants, which is for the carer to be replaced. This is because staffing matters are solely for the care provider to decide, and we cannot recommend the care provider remove the carer.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because Mr X does not have consent to bring the complaint on the resident’s behalf. In addition, an investigation would not lead to any worthwhile outcomes, and we cannot achieve the outcome Mr X wants.

Back to top

Investigator's decision on behalf of the Ombudsman