Summary: The Ombudsman will not investigate this complaint about a member of staff in an extra care facility. This is because I am unlikely to add anything more to the investigation already carried out by the Council.

The complaint

1. The complainant, who I shall refer to as Mrs X, complains about a member of staff who works in the kitchen of the ‘extra care’ facility where she lives. She says the person complained about has been bullying residents and there have been issues related to the staff member’s work in the kitchen.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. 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: it is unlikely we could add to any previous investigation by the Council or achieve anything more. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered the complaint information provided by Mrs X and read the Council’s responses to the complaint. I also shared my draft decision with Mrs X and read her responses carefully.

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What I found

4. It seems the Council is responsible for commissioning the catering service in the extra care facility.
5. I have seen information showing that the Council has investigated Mrs X’s concerns in some detail through its corporate complaints’ procedure. It has interviewed the parties involved in the complaint including other staff and residents.
6. The Council found there were historic issues with the operation and quality of the in-house catering. It has made recommendations to try and improve the quality of the food and reduce staff turnover.
7. With respect to the member of staff complained about it said the member of staff had admitted to telling a resident to ‘shut up’ on one occasion. It said they had been subjected to disciplinary procedures which had to remain confidential. It also pointed out that four other residents had been positive about their interactions with the staff member complained about.
8. My final decision is the Ombudsman will not investigate as we are unlikely to achieve anything more. The Council has investigated Mrs X’s concerns appropriately and it is precluded from revealing confidential information about any disciplinary matters.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because the Council has investigated Mrs X’s concerns appropriately and we are unlikely to achieve anything more.

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Investigator's decision on behalf of the Ombudsman