Summary: We will not investigate Ms X’s complaint about the Care Provider failing to provide support to her father, Mr Y, in the bathroom. This is because a further investigation would not lead to a different outcome and subsequently, we cannot achieve the outcome Ms X wants.

The complaint

1. Ms X complained the Care Provider’s Care Worker failed to support her father, Mr Y, in the bathroom which resulted in him having a fall. Ms X said the fall severely affected her father’s health and it caused her distress. She wants the Care Provider to apologise to them and provide them with a financial remedy for the injustice caused. She also wants the Care Provider to improve its services so that care workers are properly supporting people who use its service.

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The Ombudsman’s role and powers

2. 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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

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

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My assessment

5. Mr Y requires support in his home with activities of daily living such as personal care and preparing meals. The Care Provider provides regular support to Mr Y.
6. In mid-2025, Mr Y was receiving support from the Care Provider’s Care Worker. Mr Y was in the bathroom where he had a fall. Following this, Ms X complained to the Care Provider and said the Care Worker had failed to provide Mr Y with support which had led him to fall. She said Mr Y had called out to the Care Worker to help him remove his vest and that the Care Worker had tugged at the vest which caused him to fall.
7. The Care Provider investigated Ms X’s complaint. As part of its investigation, it spoke to the Care Worker in question. The Care Worker said whilst Mr Y was in the bathroom, they were not present and instead they were completing tasks around the house. However, the Care Worker regularly completed checks on Mr Y and asked if he required any support. Mr Y did not give permission for the Care Worker to enter the bathroom. The Care Worker only entered the bathroom when they heard Mr Y fall.
8. We would not be able to establish how Mr Y fell as there are two different accounts of what happened and no supporting corroborating evidence of either account. Therefore, we will not investigate Ms X’s complaint. A further investigation would not lead to a different outcome and subsequently, we cannot achieve the outcome Ms X wants.

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Final decision

9. We will not investigate Ms X’s complaint because a further investigation would not lead to a different outcome and subsequently, we cannot achieve the outcome Ms X wants.

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Investigator's decision on behalf of the Ombudsman