Summary: We will not investigate this complaint about how the Council responded to an adult social care complaint. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained the Council had not considered his concerns about care staff properly. He said the Council did not consider his side of what had happened. He said the Council had told him he needed to change his behaviour. He feels the Council has treated him like a child. Mr X wants a different manager to investigate his complaints.

Back to top

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 our involvement.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. We have previously considered how the Council investigated Mr X’s concerns about care staff. We decided not to investigate. As we have previously issued a decision on that complaint, we will not consider it further.
6. Following that complaint, the Council met with Mr X to discuss his package of care. In that meeting the Council set out concerns it had with Mr X’s behaviour and how it was affecting the care he received. Mr X complained.
7. In its complaint response, the Council provided specefic examples of concerns it had about Mr X’s behaviour. It said it would continue to support Mr X but asked him to be mindful of his behaviour. It provided a single point of contact if he had any concerns.
8. We will not investigate Mr X’s complaint. The Council has set out its concerns with his behaviour. It has set out steps moving forward. There is nothing to suggest Mr X’s care needs are going unmet. There is not enough evidence of fault to justify our involvement.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman