Summary: We will not investigate this complaint about Mr and Mrs Y’s care provider giving notice and ending their care package. There is not enough evidence of fault and further investigation would not add to the care provider’s responses.

The complaint

1. Mr X complains, on behalf of his parents Mr and Mrs Y, that a care provider ended care for his parents without proper consultation, giving only two weeks’ notice.

He said it caused an incredible amount of stress at a challenging time. He wants the care provider to apologise for how it handled matters.

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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:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome. (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 the complainant and the Corporation.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X arranged live in carers for both his parents from a domiciliary care provider. After a few months the care provider wrote to Mr X telling him it would be ending the service, giving two weeks’ notice. It said because of the level of care required, it was no longer sustainable or safe to continue. It offered to support with sourcing an alternative provider and said it would continue to care for Mr and Mrs Y during the notice period.
6. We will not investigate this complaint. The terms and conditions the family signed say the provider can end the care with one weeks’ notice. The care provider gave two weeks’ notice. The care provider acted within the agreed terms of service. There is not enough evidence of fault to justify investigating.
7. Mr X also complained about how the care provider communicated with him about terminating the service and its reasons for doing so. In its response to Mr X, the care provider apologised and agreed communication could have been better and it would learn from this moving forward. This is a suitable remedy for the injustice caused. We will not investigate because it is unlikely investigation would achieve anything more.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman