Summary: Mr A has complained about a lack of attention to health and safety procedures by carers supplied by a council who were caring for his mother, Mrs B. We will not investigate this complaint as there is no evidence of fault on the part of the carers.

The complaint

1. Mr A complained that the carers caring for his mother, Mrs B did not follow health and safety procedures. Specifically, he said carers:

• did not have a first aid kit,
• did not check his mother’s fire alarm and;
• did not carry out a risk assessment.

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The Ombudsman’s role and powers

2. We have the power to jointly consider complaints about health and social care. Since April 2015 a single team has considered these complaints acting for both Ombudsmen. (Local Government Act 1974, section 33ZA, as amended, and Health Service Commissioners Act 1993, section 18ZA)
3. The Ombudsmen provide a free service, but must use public money carefully. They may decide not to start or continue with an investigation if they believe:
4. it is unlikely they would find fault, or
5. the fault has not caused injustice to the person who complained, or
6. the injustice is not significant enough to justify their involvement, or
7. it is unlikely they could add to any previous investigation by the bodies, or
8. they cannot achieve the outcome someone wants
9. (Health Service Commissioners Act 1993, section 3(2) and Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

10. I considered information provided by Mr A and the Council.
11. I considered the Ombudsman’s Assessment Code.

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My assessment

12. Mrs B left hospital in 2023 and had carers coming in to help her with everyday activities. The Council funded these carers who worked for an agency (the Agency).
13. Mr A complained that carers did not have a first aid kit, check his mother’s fire alarm, or carry out a risk assessment. He pointed out that this was a workplace and so the carers had a responsibility to treat it as such with these precautions.
14. The Agency said that Mrs B’s home did qualify as a workplace under the Health and Safety at Work Act 1974. As such the Agency carried out risk assessments to keep carers and their clients safe whilst working. This included ensuring carers were competently trained to carry out tasks safely and that equipment was in good order.
15. The Agency went on to say that carers did not carry first aid kits with them whilst they were working. It said this was because they visit several clients throughout the cay and would always have to ensure stocks are replenished. It said that it was up to the client to supply first aid equipment to use on themselves.
16. The Agency also said it was the responsibility of the client or their family to conduct regular testing of fire alarms. However, carers would check the alarms themselves when they carry out periodic care reviews. It also carried out risk assessments which included fire safety.

Analysis

17. The Health and Safety Executive states:

‘employers are responsible for meeting the first-aid needs of their employees working away from the main site. The assessment of first-aid needs should determine whether those who travel long distances or are continuously mobile should carry a personal first-aid box.’

18. Therefore, the Agency did consider this aspect. In addition, this applies to its carers. Mrs B is not classed under this legislation as she was not employed by the Agency. The complaint is how events have affected Mrs B and Mr A, and the lack of a first aid kit for staff is outside the remit of this complaint. It would not be up to the carers to provide a first aid kit to Mrs B.
19. The Agency also gave a reasonable explanation to the issue of the fire alarm as it checked it periodically and family could also check it was still working.
20. Taking the above into account, we will not investigate this complaint as there is no potential for significant fault on the part of the Agency and so the Council.

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Final decision

21. We should not investigate this complaint. This is because there is little chance of finding any fault on the part of the Council.

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Investigator's decision on behalf of the Ombudsman