Summary: We will not investigate this complaint about the actions of a care provider supporting Mr B with adult social care on behalf of the Council. Mr B says care workers stole from him, damaged his property, and will not give him information about allegations of harassment by him. There are other bodies better placed to consider these issues, they are the police, an insurance company, and the information commissioner’s office.

The complaint

1. Mr B says a Care Provider arranged by the Council damaged his property while at his house. Mr B says the Care Provider has accused him of being abusive but not responded to his request for evidence to support this allegation. Mr B says a care worker stole from him. Mr B has the expense of replacing his broken item, and his mental health is affected.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
3. In this case the private company Join Homecare LTD (the Care Provider) acts on behalf of the Council in meeting Mr B’s adult social care needs.
4. 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:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr B receives support from the Care Provider, which is arranged by the Council. Mr B says while in his home the Care Provider damaged his property. Insurance providers are best placed to consider claims for damaged property. Mr B can make a claim on the Council’s, Care Provider’s, or his own insurance.
8. Mr B says care workers stole items from his property. Theft is a criminal matter, and the police is the correct body to consider allegations of theft.
9. Mr B says the Care Provider will not give him information about when and how he has harassed care workers. Mr B can make a subject access request under the Data Protection Act for personal information the Council and Care Provider hold about him. If Mr B is unhappy with the way the bodies deal with that request, he can refer the matter to the Information Commissioner’s Office (ICO). The ICO is the UK’s independent body set up to uphold information rights and would be better placed to consider a complaint about a failure to provide information.

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Final decision

10. We will not investigate Mr B’s complaint because there are other bodies better placed to consider the issues Mr B raises.

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Investigator's decision on behalf of the Ombudsman