Summary: We will not investigate a Council-commissioned care provider’s response to Ms X’s complaint about poor care. This is because it is unlikely we could add to the investigation and responses the care provider has already provided.

The complaint

1. Ms X complains a Council-commissioned care provider failed to make all the visits she arranged with it while her usual Personal Assistant was unavailable.

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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 effect on the person making the complaint, which we call ‘injustice’. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We provide a free service but must use public money carefully. We do not start an investigation if we decide we could not add to any previous investigation by the organisation responsible. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.

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My assessment

5. As the Care Provider’s domiciliary care service was approved by the Council, we hold the Council as the body responsible for the service.
6. Ms X arranged four days of domiciliary care cover for late January 2025, while her usual Personal Assistant was unavailable. She believes she asked Company Y to make two visits each day except on Sunday morning and Monday evening. The visits did not occur as Ms X expected.
7. Company Y responded to Ms X’s complaint about this and the way in which a staff member had interacted with her when they visited her to arrange her care visits. It apologised for a misunderstanding in the visits Ms X needed and offered to discuss with Ms X how else it could resolve the matter. Ms X escalated her complaint and Company Y reiterated its earlier apologies.
8. We do not investigate all complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints. Company Y has already apologised for the frustration and inconvenience Ms Y experienced because of its misunderstanding. This is an appropriate remedy for the injustice caused and we are unlikely to achieved anything more by investigating further.

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Final decision

9. We will not investigate Ms X’s complaint because it is unlikely we could add to the care provider’s investigation and responses.

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Investigator's decision on behalf of the Ombudsman