Summary: We will not investigate this complaint alleging poor service from a care provider. This is because there is insufficient evidence of fault causing a significant injustice.

The complaint

1. Mrs X complains about aspects of the care provided by a homecare agency: More Than Care.
2. Mrs X says staff shouted at her during a telephone call and she was wrongly accused of leaving abusive voicemails.
3. Mrs X would like the Ombudsman to contact More Than Care.

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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 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
• 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

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

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My assessment

7. 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.
8. We do not start an investigation if we decide the impact of the alleged fault a person complains about is not so significant that we should investigate.

9. I have read the CP’s response to Mrs X’s complaints. The CP denies shouting at Mrs X down the telephone and explains the context in which the call was made. Apparently, the CP called a member of staff in to come off annual leave when Mrs X informed it she had an urgent hospital appointment. However, it seems that Mrs X had cancelled the hospital appointment in question, by which time the member of staff turned up to accompany Mrs X to the hospital appointment.
10. The CP says it tried to speak to Mrs X to move matters forward by which time she had informed it she no longer wished to receive its service.
11. The CP also noted Mrs X had left many voicemails and Mrs X disputes this. 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 will not investigate. This is because there is insufficient evidence of fault causing a significant injustice to warrant an investigation. The CP’s complaints response is adequate, and I note it seems to have tried to communicate further with Mrs X, after the telephone call in question, to try to resolve matters.

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Final decision

13. We will not investigate Mrs X complaint because there is insufficient evidence of fault causing a significant injustice.

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Investigator's decision on behalf of the Ombudsman