Summary: We will not investigate this complaint about domiciliary care. The Council has fully upheld the complaints and agreed to make service improvements. Further investigation by the Ombudsman will not lead to a different outcome.

The complaint

1. Mr X complained about the quality of his mother’s, Mrs Y’s, domiciliary care. He said the Care Provider had failed to provide the care specified in Mrs Y’s care plan, including medication errors, and missed meals. Mr X said despite the Council upholding his complaint the issues had continued.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. The Council appointed an Independent Investigating Officer to investigate Mr X’s concerns. The IIO upheld most of Mr X’s complaints. These included complaints about medication mismanagement, delay in the Council initiating safeguarding practices and Mrs Y not receiving care as specified in her Care Plan. The IIO set out recommendations to improve practice.
6. Shortly after, Mr X raised a further complaint about medication errors. The IIO completed another investigation. The IIO expressed concern that mistakes were still occurring despite the previous investigation. The IIO made further recommendations. It said the Council should:
• Refund Mrs Y for visits where care fell short of the required standard.
• Complete a medication audit with the Care Provider.
• Ask the Care Provider to complete staff competency assessments over a longer period.
• Review whether its procurement process was providing satisfactory oversight of the Care Provider.
• To apologise for faults identified.
7. The Council agreed to the recommendations. It also offered to meet with Mr X to discuss its learning from his complaint.
8. We will not investigate this complaint. Firstly, the IIO completed a thorough investigation; we could not add to their findings. Secondly, the Council has already upheld it and agreed to make service improvements. Further investigation will not lead to a different outcome.

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Final decision

9. We will not investigate Mr 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