Summary: We will not investigate this complaint about a Council- commissioned care provider allegedly turning off Ms X’s freezer whilst visiting her home and causing food to spoil. Further investigation would not lead to a different outcome.

The complaint

1. Ms X complains a Council-commissioned care provider has refused to accept responsibility for turning off her freezer whilst attending her home to provide care for a relative. She says replacing the spoiled food has caused financial loss. She wants the Council to compensate her for the cost of replacing the spoiled food and ensure the carer responsible no longer provides care for her relative.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X lives with her relative, Ms Y. Ms Y receives care in their home from a Council- commissioned care provider. Ms X complained a carer visiting Ms Y turned off the freezer, which caused some of the food inside to spoil.
6. In response to Ms X’s complaint, the care provider investigated and interviewed the carers who had recently visited Ms Y. The investigation was unable to establish how the freezer had been turned off.
7. We will not investigate this complaint. We would not be able to add to this investigation. The carers state they did not turn off Ms X’s freezer and in the absence of any other evidence, we would not be able to establish how the freezer was turned off.
8. When a council commissions another organisation to provide services on its behalf it remains responsible for those services and for the actions of the organisation providing them. It would be reasonable for Ms X to make an insurance claim against the Council, if she considers the Council liable and wishes to try and recover the cost of replacing the spoiled food.

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Final decision

9. We will not investigate Ms X’s complaint because we could not add to the investigation already carried out and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman