Summary: We will not investigate Mrs X’s complaint that a carer shouted at her during a telephone call and falsely accused Mrs X of leaving many voicemails. This is because any injustice arising is not significant enough to warrant an investigation.

The complaint

1. In short, Mrs X complains about aspects of the care provided by a Care Provider (CP) commissioned by the Council.
2. Mrs X says CP staff shouted at her during a telephone call and falsely accused her leaving many voicemails.
3. Mrs X would like the Ombudsman to investigate the CP’s version of events.

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The Ombudsman’s role and powers

4. 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 provide a free service but must use public money carefully. 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)
5. We do not start or continue an investigation if we decide:

• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

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

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My assessment

8. Where a council arranges or commissions care services from a care provider (CP) we treat the provider’s actions as if they were council actions.
9. Mrs X strongly disputes the CP’s version of events and says she did not leave many voicemails as characterized by the CP. She complains that she was shouted at by staff during a telephone call.

10. I have read the CP’s response to Mrs X’s complaint. The CP denies a member of its staff shouted at Mrs X down the telephone and outlines the background events to the call being made. The CP says it tried to speak to Mrs X to move matters forward, but it says Mrs X said she no longer wished to receive its service. The CP wrote Mrs X had left many voicemails.
11. The CP has advised the Council it has evidence to back up its position. The Council has informed us it is satisfied with the CP’s complaint response.
12. We do not start an investigation if we decide the impact of the alleged fault a person complains about is not significant enough to justify our involvement. This means we will normally only investigate a complaint where the complainant has suffered serious loss and harm as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
13. We will not investigate Mrs X’s complaint because any injustice is not significant enough to justify an investigation. I am not making any finding on what happened and note Mrs X’s strong disagreement with the Care Provider’s version of events. However, the key issue for the Ombudsman is there is no evidence of a serious injustice arising from what is said to have happened. Therefore, it does meet the tests in our Assessment Code for investigation.

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Final decision

14. We will not investigate Mrs X’s complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman