Arc En Ciel Support Ltd (21 008 490)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 02 Nov 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the care provider. This is because the complainant does not have consent or standing to complain on behalf of the care provider’s residents.
The complaint
- The complainant, whom I shall refer to as Mr X, lives close to a care home operated by the care provider. Mr X complained about the quality of care delivered to the care home’s residents. Mr X says disturbances from the care home, such as emergency vehicles arriving, are causing him anxiety and distress.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
- We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
- I understand Mr X is concerned about the issues at the heart of his complaint. But they all flow from the care being delivered in the care home. Mr X does not have consent or standing to complain on behalf of the care home’s residents. We will not therefore investigate his complaint.
- If Mr X feels the care home’s actions are leading to Anti-social Behaviour (ASB) he can make a complaint to the Council’s ASB team. If Mr X was unhappy with the Council’s response, he could make a fresh complaint to the Ombudsman.
Final decision
- We will not investigate Mr X’s complaint because he does not have consent or standing to complain on behalf of the care home’s residents.
Investigator's decision on behalf of the Ombudsman