Summary: We will not investigate Mr X’s complaints about his care provider. This is because there is not enough evidence of fault.

The complaint

1. Mr X complains his care provider:
• Changed his support workers without asking him;
• Employs mostly male staff; and
• Has not filled empty rooms with new tenants.
2. Mr X would like to be supported by his previous support workers, his care provider to recruit more female staff and accept more tenants.

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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:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants, or

(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. The care provider explained to Mr X its reason for changing his support workers. I cannot achieve the outcome he wants and so will not investigate this matter.
7. The care provider explained to the Council it employs the most suitable candidates from the job applicants for each position. There is not enough evidence of fault in its decision making and so I will not investigate further.
8. The Council says the care provider fills empty rooms through a referral process. If there are not enough suitable referrals the rooms will remain empty. There is not enough evidence of fault to investigate this matter further. And any injustice is not significant enough to justify our involvement.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman