Summary: Mrs D complained about the Council’s handling of her issues regarding her relative’s care and support provided by a domiciliary care provider, and related safeguarding concerns. We found no fault by the Council. This is because it was not responsible for the care arrangement but considered her concerns and provided some support and information. It ended its safeguarding considerations as the care arrangement was terminated and new care support was in place. As there were no further risks to Mrs X, this was a decision it was entitled to make.

The complaint

1. Mrs D complained about the Council’s handling of her safeguarding concerns about the care provided by a domiciliary care provider to her relative (Mrs X) in Autumn 2024. She also said it did not respond to her complaint.
2. Mrs D said, as a result, she experienced distress and uncertainty.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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What I have and have not investigated

5. I have investigated Mrs D’s complaint about the Council’s handling of her safeguarding concerns and lack of response to her subsequent request.
6. I have not investigated Mrs D’s concerns about the care provided by the domiciliary care provider. This is because the care was not commissioned by the Council, it was therefore not responsible for the actions of the care provider.

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How I considered this complaint

7. I considered evidence provided by Mrs D and Council as well as relevant law, policy and guidance.
8. Mrs D and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Relevant law and guidance

Safeguarding

9. A council must make enquiries if it thinks a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themselves. An enquiry is the action taken by a council in response to a concern about abuse or neglect. An enquiry could range from a conversation with the person who is the subject of the concern, to a more formal multi-agency arrangement. A council must also decide whether it or another person or agency should take any action to protect the person from abuse. (section 42, Care Act 2014)

Fundamental standards of care

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. 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.

What happened

12. Mrs X has been assessed to have care and support needs due to her mental and physical disabilities. She has a care plan which sets out the support she should receive. Mrs D is a relative of Mrs X and supports her with managing her care arrangements.
13. In September 2024 the Council helped Mrs D find a new domiciliary care provider for Mrs X. Arrangements had previously been commissioned by the Council, but this arrangement was arranged directly with the care provider by Mrs D.
14. The care provider delivered care and support for Mrs X from mid-September 2024. This was for two daily visits and to bring her to a weekly appointment.
15. On several occasions in October 2024 Mrs D raised concerns to the care provider about its carers not spending the allotted time with Mrs X and it had failed to take her to her weekly appointment. She asked for a meeting with the care provider. The concerns included tasks had not been completed, and old food and meals had not been disposed of. She said the poor care was a safeguarding concern.
16. In its responses the care provider apologised for Mrs X missing her weekly appointment. It suggested she may not need the full allocated hours if her needs are not significant enough, and explained part of the allocated time include carer’s driving time. It acknowledged the care provided was not as set out in the care and support plan and would address this with the carers.
17. A review meeting with the care provider took place in late October 2024. However, Mrs D said the care did not improve and brought her concerns to the care providers attention again.
18. Mrs D also raised her concerns with the Council. It subsequently discussed the care arrangement for Mrs X with her. This included:
• it would bring the concerns to the care providers attention;
• a safeguarding concern was raised; and
• considering other care agencies to deliver the support for Mrs X;
19. The Council contacted the care provider immediately after to challenge the care provided. The care provider told the Council it had considered Mrs D’s concerns. This had led to a modified care arrangement, and carers had been booked on a refresher training. The Council logged a safeguarding concern.
20. Mrs D terminated the care agreement for Mrs X with the care provider in November 2024. She subsequently complained to the care provider.
21. The Council was informed about the termination of the care agreement. It subsequently completed its safeguarding concern. This was because it considered the issue a quality concern and there was no risk to Mrs X as the service had stopped. It reported the concerns to the Care Quality Commission (CQC) and shared the reported concerns internally with its contract management team.
22. A review of Mrs D’s care and support plan took place in early 2025. The new care provider was working well. It also commented on the previous care provider and the safeguarding had ended with a CQC referral.
23. In February 2025 Mrs D raised her concerns to the Council about the previous care provider. She said it had provided poor care and its charges were fraudulent. She said a safeguarding concern had been logged by the Council, CQC had been informed, and asked the Council to look into the matter and contact her.
24. Mrs D said she did not receive any further contact from the Council.
25. Mrs D brought her concerns about the care provider and the Council’s handling of her safeguarding concerns to the Ombudsman attention. This investigation considers only the Council.

Analysis and findings

The Council’s handling of the safeguarding concern

26. I have considered whether there was fault in the process the Council followed to consider Mrs D’s safeguarding concerns around the care and support Mrs X received from the care provider between September to November 2024.
27. The Council became aware of Mrs D’s concerns about the quality of care issues for Mrs X’s care in late October 2024. It subsequently discussed the concerns with Mrs D, brought its concerns to the care providers attention, and considered its response. As Mrs D terminated the care arrangement and a new provider was found. The Council decided:
• the concern about the quality of care. It suggested she complained to the care provider;
• there was no ongoing risk to Mrs X as the care arrangement had ended. It also helped Mrs D find an alternative care provider;
• a referral to the CQC was appropriate. It subsequently made the referral; and
• it would consider the performance of the care provider as part of contract management.
28. I found the Council followed the appropriate process to consider Mrs D’s concerns. It reached a decision it was entitled to make and completed the action it intended to take. I have therefore not found fault by the Council.

Mrs D’s request for the Council to consider actions by the care provider

29. Mrs D asked the Council to consider whether actions by the care provider was fraudulent, and whether the care Mrs X received was poor and unsafe.
30. I found it was not the Council’s role to consider Mrs D’s concerns. This is because:
• it did not commission the service, it was therefore not responsible for actions of the care provider;
• it had completed its safeguarding concern, and referred its concern to the CQC, which was the appropriate body for such concerns; and
• whether the care providers charges or service was poor was to be considered through her complaint to the care provider and by the CQC.
31. I acknowledge the Council did not respond to Mrs D’s February 2025 request. Good practice would have been to inform her that it was not considering the concern further for the above reasons. However, I am not satisfied it was at fault for not doing so. This is because she had been advised to complain to the care provider and she was aware it had made a referral to the CQC.

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Decision

32. I have completed my investigation with a finding of no fault by the Council.

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Investigator's decision on behalf of the Ombudsman