Summary: We will not investigate this complaint about the conduct of a care worker and how it was investigated. This is because it is unlikely we could add to the care provider’s investigation or reach a different outcome. We also cannot achieve the outcome the complainant wants; staff dismissal.

The complaint

1. Mr B says a care worker was rude, abusive, and unprofessional toward him. Mr B says the Care Provider failed to properly investigate his complaint, and continued to send the care worker, which added to his distress. Mr B wants the care worker and management dismissed as believes them incompetent.

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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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused significant enough injustice to the person who complained to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

3. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
4. When considering complaints, we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.

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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 provides care support to a vulnerable adult, X. A care provider commissioned by the Council also provides support to X. During a care visit Mr B says a care worker was rude to him. The care provider still sent the care worker to X despite Mr B’s concerns. Mr B feels the care provider did not properly investigate because it never contacted X’s family to find out any further evidence.
8. There were two care workers present at the care visit, and the alleged rude comment was made while the care worker was on the phone to the office. The care provider spoke with all three of these care workers who denied any rude comment. While I understand Mr B’s upset the care provider did not contact X’s family during its investigation, I do not consider gathering further comments would add to the investigation. There are two different versions of events, no matter how many people from each side give their story. Neither the care provider nor the Ombudsman can reach a definite finding in the absence of supporting evidence.
9. The care provider accepts it should not have continued to send the care worker to X’s care calls while it was investigating and has spoken with relevant staff to prevent future failings.

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Final decision

10. We will not investigate Mr B’s complaint because it is unlikely we will find enough evidence of fault. We cannot add to the care provider’s investigation, and it is unlikely we would reach a different outcome. We also cannot achieve the outcomes Mr B wants as we cannot consider personnel matters and cannot recommend disciplinary action against individuals.

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Investigator's decision on behalf of the Ombudsman