Summary: We will not investigate this complaint about privately arranged adult social care at home. This is because the injustice, frustration at not being listened to, is not enough to justify our involvement. It is also unlikely an investigation would reach a different outcome. The complainant wanted the Care Provider to withdraw its service, and that has since happened.

The complaint

1. Mr C said the Care Provider changed the service provided to his relative, Ms D, without consulting with Ms D. Mr C said Ms D had capacity and should be allowed to choose the care she wants. Mr C wanted the care provider to withdraw its service.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the care provider, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

3. I considered information provided by the complainant and the Care Provider.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms D employed the Care Provider to support her with care at home.
6. 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.
7. Although Mr C says the Care Provider did not consult with Ms D, it says it had meetings and followed Ms D’s wishes about her care. It is not worthwhile us investigating to establish the facts here, because the Care Provider has ended its service to Ms D and so Mr C has the outcome he sought.
8. The Care Provider acted for Ms D for a few months, so not a prolonged period. Any upset and frustration Ms D and Mr C had about the service would not be enough to justify an Ombudsman investigation now.

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Final decision

9. We will not investigate Mr C’s complaint because the injustice is not significant enough to justify our involvement, and it is unlikely an investigation would achieve a different outcome. Mr C has the outcome he was seeking as the Care Provider no longer supports Ms D.

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Investigator's decision on behalf of the Ombudsman