Summary: I have ended our investigation into this complaint because the Council has recently begun an independent review of the care provider and service Ms X complained about. Further investigation by us could achieve nothing more.

The complaint

1. Ms X complained about poor support and poor communication by the Council-commissioned care provider that manages her supported accommodation. She says staff behaviour has left her feeling unsupported, anxious and distressed. She wants the Council to act to ensure the care provider improves the service for herself and other residents.

Back to top

The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide we could not add to any investigation by the organisation. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

4. I read Ms X’s complaint and spoke with her representative over the phone.
5. I considered information provided by the Council and Ms X’s representative.
6. Ms X and the Council had the opportunity to comment on the draft decision. I considered comments received before reaching a final decision.

Back to top

What I found

What happened

7. During 2020 and 2021, Ms X complained about the service provided by the Council- commissioned care provider who manages her supported accommodation.
8. In response, the Council met with the care provider and residents and took some action to try and resolve the concerns. However, Ms X remained dissatisfied and did not consider the Council had taken sufficient action to resolve the situation and improve the service.
9. The Council provided Ms X with a final complaint response in December 2021. This acknowledged the ongoing issues and concerns about the quality of care provided within her supported accommodation. In response, the Council said it would appoint an external reviewer to:
• assess what action had been taken so far;
• consider how the Council had involved residents and managed the contract with the care provider; and
• make recommendations about what further action was needed to improve the service and increase residents satisfaction.
10. Ms X remained dissatisfied and brought her complaint to us.
11. We contacted the Council who told us it had recently begun the independent review process. It confirmed the independent reviewer would:
• consider the structures and protocol the Council currently has in place to assure itself of the quality and delivery of support to residents, and offer a view as to whether these were appropriate;
• consider whether the care provider and Council had responded appropriately to the complaints, in line with the arrangements in place; and
• recommend any necessary improvements to respond to the complaints and develop the service.
12. It confirmed that as part of the review it would be speaking with all residents who had complained and that the report would be publicly available to all residents and staff once completed.

Analysis

13. Ms X has told us that she wants the Council to act to improve the service for residents. The Council has recently appointed an independent reviewer to consider how the Council and care provider responded to her complaints and make recommendations about what needs to be done to improve the service going forward. It has confirmed the report will be publicly available once completed. This is what Ms X wanted and I do not think further involvement from our service could achieve anything more at this point.
14. It is open to Ms X to bring her complaint to us for further consideration if she remains dissatisfied after the independent review has concluded.

Back to top

Final decision

15. I have ended our investigation into this complaint. The Council has already started an independent review of the service Ms X complained about, with the aim of improving the service. Further investigation by us could not achieve anything more.

Back to top

Investigator's decision on behalf of the Ombudsman