Summary: We will not investigate this complaint that an introductory care agency withdrew its agreement to provide a care package. We do not have the jurisdiction to investigate.

The complaint

1. Mr Y complained on behalf of Ms X that Elder Technologies withdrew its agreement to provide a care package for one of Ms X’s relatives.
2. Mr Y says that as a result the family had to identify a new package of care at the last moment which caused them distress.

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The Ombudsman’s role and powers

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:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by Mr Y.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

Introductory care agencies

6. Introductory care agencies are agencies which identify and suggest domiciliary carers to customers. The carers are then employed directly by the customer.
7. When someone signs up with a typical introductory care agency, it discusses their needs with them and suggests suitable carers based on their needs. It sends them details of potentially suitable carers on its register.
8. The person employing the carer is responsible for paying their wages directly. They also pay the agency a one-off registration fee and/or an ongoing weekly fee for the entire duration of the period of care, no matter how long that lasts.
9. The Ombudsman will investigate an agency’s actions if it appears to be carrying out regulatable activities, such as arranging care and it is charging an ongoing fee.
10. One of the regulated activities is ‘personal care’. This involves providing personal care for people who are unable to provide it for themselves because of old age, illness or disability.

What happened

11. Ms X approached the agency to arrange a future carer for Ms Z as it was evident the family member looking after Ms Z would have to step down at some point due to ill health. It took a significant amount of time for Ms X to receive confirmation from the local council in relation to funding for the carer. When Ms X contacted the agency after confirmation of the funding, it said it had reassessed Ms Z’s needs and it could no longer meet them. Mr Y complained to the agency and then the Ombudsman about this decision.
12. The Ombudsman can only look at the actions of introductory care agencies where they have carried out a regulated activity for which they have received an ongoing payment. This is not the situation in this case. No regulated activity (personal care) took place and the agency did not receive an ongoing payment.
13. In addition, even if we could investigate, it is unlikely we would find fault. This is because the agency took the appropriate action when a reassessment determined it could not support Ms Z’s needs. This was to terminate the agreement with the family.
14. Furthermore, it is unlikely Ms Z or Ms X experienced any significant injustice. This is because the family was able to source a new care provider before any care was needed.

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Final decision

15. We cannot look at this complaint because we do not have the jurisdiction to do so.

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Investigator's decision on behalf of the Ombudsman