Summary: Mr X complained about care Faith Home Care Limited (the provider) delivered to his father, Mr Y. Mr X said this frustrated him and left Mr Y at risk of harm. Mr X suffered an injustice. Mr Y did not suffer an injustice. The provider should apologise to Mr X.

The complaint

1. Mr X complained about care Faith Home Care Limited (the provider) delivered to his father, Mr Y. Mr X said this frustrated him and left Mr Y at risk of harm.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. If they have caused a significant injustice or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 34B, 34C and 34H(3 and 4) as amended)
3. We may investigate complaints from the person affected by the complaint issues, or from someone else if they have given their consent. If the person affected cannot give their consent, we may investigate a complaint from a person we decide is a suitable representative. (section 26A or 34C, Local Government Act 1974)
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.
5. The Care Quality Commission (CQC) is the statutory regulator of care services. It keeps a register of care providers that meet the fundamental standards of care, inspects care services, and reports its findings. It can also enforce against breaches of fundamental care standards and prosecute offences.
6. Under our information sharing agreement, we will share this decision with the Care Quality Commission (CQC).

Back to top

How I considered this complaint

7. I read Mr X’s complaint and spoke to him about it on the phone.
8. I considered evidence provided by Mr X and the provider as well as relevant law, policy and guidance.
9. Mr X and the provider had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Background information

10. The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 set out the fundamental standards that registered care providers must achieve. The Care Quality Commission (CQC) has guidance on how to meet the fundamental standards.
11. Regulation nine says care providers must provide care that is appropriate, meets the needs of the person receiving care and, reflects that person’s preferences. To do this, care providers must involve the person receiving care in planning the care they need, help the person make decisions where they can and involve the person in their own care as much as possible.
12. Regulation 16 says the care provider must take appropriate action on complaints without delay.

What happened

13. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
14. Mr Y needs support and has limited mobility. Mr X contracted the provider to support him. Mr X does not spend much time in the country, but supports Mr Y. The provider started working with Mr Y in August 2024 when he was discharged from hospital. Mr Y started funding the care November 2024. Mr X signed the contract. Mr X provided a procedure of how he would like the provider to support Mr Y. This included personal care, domestic tasks, meeting nutritional needs and included guidance on what to do in the family home. Mr X asked that carers leave the door unlocked during the day as neighbours often visited Mr Y and they access the home. The provider copied this procedure into its care plan. The provider agreed to complete a morning visit to Mr Y’s home and an evening visit.
15. A carer raised concerns about Mr X’s behaviour in December 2024.
16. Mr X started to raise concerns about the provider in January 2025. He raised concerns about Mr Y’s care including his catheter, falls and carers training in the procedures included in the care plan. Mr X contacted the provider to express his concerns carers locked Mr Y in his home during the day.
17. Mr X raised concerns about carers locking Mr Y in his home again in February 2025. Mr X complained Mr Y could have fallen at home because a carer rang the doorbell and he tried to get up. He said the procedures told carers to use a key to enter the home. Mr X complained the following day saying a carer turned off a timed light and the carer left the door open all night.
18. Mr X complained at the end of February 2025. He was concerned the carer locked Mr Y in his home during the day. He said this meant Mr Y could have opened the rear door, which is further to Mr Y to walk, increasing the trip risk. Mr X said he should not have to pay for care when things like this happened.
19. Mr X continued to raise concerns. These included delayed calls, Mr Y pouring hot water on himself, concerns about laundry and the quality of care.
20. A carer put in a complaint about Mr X in April 2025. The complaint referred to insulting and abusive behaviour from Mr X. Mr X reported concerns about carer responses and said they did not follow the procedures.
21. A week later, a different carer complained about Mr X. The complaint raised concerns about Mr X’s engagement with carers and completing the tasks he asked for. Mr X reported carers could complete the care plan in the time allowed if they followed the procedures in the care plan. Mr X raised a complaint about a different carer for not completing domestic tasks.
22. The provider sent Mr X an invoice in April 2025. Mr X said the bill should be reduced to zero to compensate for the issues faced recently. Mr X said the provider should not send carers who were not trained in the house procedures. The provider said it would give Mr X notice to end the care if he refused to pay the invoice. Mr X continued to ask for the provider to train its carers.
23. The following day the provider confirmed the 14 day notice period was valid and Mr X needed to source alternative care for Mr Y. Mr X said he had not received notice the care would end. The provider confirmed it was giving notice to end the care. Mr X asked the provider to respond to his complaints.
24. The care package ended in May 2025.
25. Mr X was not satisfied with the provider’s response and has asked the Ombudsman to investigate. Mr X would like the provider to take complaints seriously.
26. In response to my enquiries the provider stated Mr Y asked carers to lock the door as he felt unsafe. The provider said it responded to Mr X’s complaints, but it received several complaints about Mr X’s behaviours and actions.

My findings

27. As a publicly funded body we must be careful how we use our resources. We conduct proportionate investigations; completing them when we consider we have enough evidence to make a sound decision. This means we do not try to answer every single question a complainant may have about what the organisation did.
28. On the broader point, we cannot always respond to complaints in the level of detail people might want. We have limited resources and must investigate complaints in a proportionate manner, focusing on general themes and issues, rather than providing a response to every individual issue raised in a complaint.
29. This is a complex matter, complicated by Mr X not living in the same country and having to manage care remotely. The evidence shows the relationship between the provider and Mr X broke down quickly in early 2025.
30. It was unrealistic for the care provider to include detailed instructions on how to complete household tasks in the care plan. A care plan would usually include individual needs and details of the services to meet the needs. The level of detail and prescription Mr X put in the procedures and asked to be in the care plan went beyond what would usually be included. However, the provider included this detail, so it should have followed the care plan.
31. The care notes show the provider supporting Mr Y. There are concerns about catheter and stoma care. The care provider noted these concerns were about the equipment, not carer errors. There is not enough evidence to come to a decision on this matter, even on the balance of probabilities.
32. The provider accepted it locked Mr Y in the property on different occasions. It said this was because Mr Y asked carers to. The provider should have explained this to Mr X. The care plan said not to lock the home in the day. The provider did not follow the care plan. This did not cause Mr Y an injustice as he could access a separate door in the property if needed. I acknowledge there were risks involved, but these were the same risks accessing the main door and fortunately no harm came to Mr Y.
33. Mr X complains about carers not following the procedures in the care plan. This mainly relates to how the carers completed the domestic tasks. As set out above it was not realistic to include the level of detail Mr X wanted, and this was not about the care Mr Y received. I am satisfied the provider delivered the care required under regulation nine of the fundamental standards.
34. However, the provider has not evidenced it fully responded to Mr X’s concerns. Paragraph 12 sets out the fundamental standards requiring a provider to take appropriate action on complaints without delay. The provider did not respond fully to the complaints. This frustrated Mr X.

Back to top

Action

35. To remedy the outstanding injustice caused to Mr X by the fault I have identified, the provider should take the following action within 4 weeks of my final decision:
• Apologise to Mr X for the frustration caused by not fully responding to his complaints. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• consider the training needs of staff; and ensure complaints are fully responded to, in line with CQC fundamental standards.
36. The provider should provide us with evidence it has complied with the above actions.

Back to top

Decision

37. I have completed my investigation. I uphold Mr X’s complaint. I have made recommendations for the Organisation to complete.

Back to top

Investigator's decision on behalf of the Ombudsman