Summary: We will not investigate this complaint about adult social care at home. It is unlikely we would add to the Care Provider’s investigation or reach a different outcome.

The complaint

1. Ms D says the Care Provider:

• provides inadequate staff and insufficient support.
• fails to follow policies and procedures.
• Failed to safeguard following a care worker manhandling a family member.
• Failed to safeguard following report of sexual assault.
• Failed to get a statement from Ms D or visit her home to assess risk following an incident in the home.

2. Ms D says she feels let down and worried about future safety.

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The Ombudsman’s role and powers

3. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

4. Ms D’s relative, Mr E, is the user of the service. We are told Mr E cannot consent to a complaint; we have accepted Ms D as a suitable representative for Mr E.
5. We investigate complaints about adult social care providers. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• the action has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the care provider, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

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

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My assessment

8. Mr E receives care at home from Alcedo Blue Limited (the Care Provider).
9. A care worker had an accident on shift, resulting in Ms D providing first aid, and having to clean up blood from her home. Ms D believes the care worker returned to work too soon and that the Care Provider did not complete a proper investigation.
10. The Care Provider explained the care worker returned to work following a meeting where both parties agreed it was safe to do so. The Care Provider had previously spoken with Ms D about the incident and needed no further information. The Care Provider explains as the incident was caused by ill health there was no need to risk assess Ms D’s home. The Care Provider arranged for a professional cleaning company and replaced Ms D’s items that were used following the incident.
11. I have seen no evidence Ms D has raised the other issues of complaint with the Care Provider. The Ombudsman must give the Care Provider the opportunity to respond to concerns first and so I will not consider any issues that were not part of the complaint put to the Care Provider.

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Final decision

12. We will not investigate Ms D’s complaint because it is unlikely we would add to the Care Provider’s complaint response about the incident in Ms D’s home and what happened thereafter or reach a different outcome. The Care Provider took satisfactory action to clean Ms D’s home and replace items used to acknowledge the impact of the incident. There is no significant injustice to Ms D or Mr E to justify an Ombudsman investigation. Any other issues of complaint need to put to the Care Provider before we will consider them.

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Investigator's decision on behalf of the Ombudsman