Summary: We will not investigate this complaint about the quality of care commissioned by the Council. That is because we could not add to the Council’s investigation.

The complaint

1. Mr X complained on behalf of his wife Mrs X, about the quality of care provided through Council commissioned services. He said the care staff were not trained properly and did not have the experience to provide the care needed. Mr X does not want to pay Mrs X’s client contribution for the care provided by the Council. He wants a direct payment to arrange Mrs X’s package of care.

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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
• we could not add to any previous investigation by the organisation, or
• it would be reasonable for the person to ask for a council review or appeal.

(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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council’s response addressed all areas of complaint raised by Mr X including concerns around medication administration, feeding, catheter care, times of visits and how care staff treated Mrs X. The Council confirmed it had shared Mrs X’s care and support plan with the Care Provider, and that it had also developed its own support plan. As part of its investigation the Council spoke to Mrs X, checked care records, care logs and spoke to the Care Provider about Mr and Mrs X’s concerns. It did not uphold the complaints. The Council said if Mr X had any evidence he would like it to consider he would need to provide that for review.
6. Although Mr and Mrs X are unhappy with the Council’s complaint response we will not investigate. I am satisfied the Council has thoroughly considered Mr and Mrs X’s complaints, considered all available evidence and provided clear reasoning for why the complaints were not upheld. We could not add to the Council’s investigation.
7. Mr X has provided the Ombudsman videos which he states demonstrate poor care. He has not provided these to the Council. We will not consider this evidence until the Council has had an opportunity to view and respond to it. The Council has confirmed it is happy to this, therefore, it is reasonable for Mr X to provide his evidence to the Council, before we will consider the matter.
8. We will also not investigate Mrs X’s complaint the Council will not agree to a direct payment. The Council said Mrs X had previously had a direct payment, but Mr X had refused to pay care providers invoices. It said because of this it would not agree to a direct payment. The Council has set out its reason for not agreeing to a direct payment. It has arranged care to ensure Mrs X’s care needs are met. There is not enough evidence of fault to justify our involvement.

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Final decision

9. We will not investigate Mrs X’s complaint because we could not add to the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman