Summary: We will not investigate this complaint about an introductory agency because its actions have not caused significant injustice to justify investigating.

The complaint

1. Ms B says the Agency has not properly responded to her complaint. Ms B is distressed by the actions of a care worker who was rude and disruptive to her and her mother. Ms B feels the Agency has dismissed her complaint without any proper explanation of the steps it has taken to prevent future problems.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• the action has not caused injustice to the person complaining; or
• the injustice is not significant enough to justify our involvement; or
• it is unlikely we could add to any previous investigation by the care provider; or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Elder Technologies Limited (“the Agency”) is an introductory care agency. These agencies provide carers who live in the homes of clients. The carers supplied are employed directly by the people who receive care, or by their representatives. This means the Ombudsman can only investigate complaints about the Agency’s actions, including their investigation of complaints. We cannot investigate the actions of individual carers because they are not within our jurisdiction.
6. Ms B’s sister manages their mother’s finances and is responsible for the employment of the care worker, matched to their mother via the Agency. The Agency’s terms and conditions explain it is not responsible for the conduct of those involved.
7. Ms B raised a complaint with the Agency about the care worker’s conduct. The Agency responded to say they had spoken with the care worker but would take no further action unless directed to by Ms B’s sister. The Agency advised Ms B to raise any future concerns about her mother’s care with her sister.
8. Ms B feels the Agency has dismissed her concerns. The Agency has referred Ms B to raise concerns with her sister, as the employer of the care worker involved in the incident. The Agency could have provided more explanation to Ms B to help her understand its role, but I do not consider that is serious enough to warrant an investigation by the Ombudsman; it is unlikely we would find that action has caused significant injustice.
9. Ms B’s main injustice is caused by the actions of the care worker, which the Agency is not responsible for.

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Final decision

10. We will not investigate Ms B’s complaint because there is not enough evidence of an action by the Agency causing significant injustice to justify investigating.

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Investigator's decision on behalf of the Ombudsman