Summary: We will not investigate Mr X’s complaints about how the Council spends money on Adult Social Care, or that a Care Provider failed to meet adult care needs. That is because other bodies are best placed to deal with these complaints.

The complaint

1. Mr X complained about a Care Provider the Council commissioned to provide adult social care. He said residents at the Care Provider’s care home were not receiving necessary support because of staff shortages. He said the Council allowed the Care Provider to use money intended for staffing to be spent on other costs. Mr X said that was a misuse of public funds. He wants greater scrutiny of the Council’s spending.
2. Mr X also complained on behalf of a resident at the care home, Mr Y. He said Mr Y had not received the correct amount of support hours he was entitled to for several years.

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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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

4. We normally expect someone to complain to the Care Quality Commission about possible breaches of standards. However, we may decide to investigate if we think there are good reasons to do so. (Local Government Act 1974, section 34B(8), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate Mr X’s complaint that the Council is misusing public money. It is not the role of the Ombudsman to scrutinise public spending, or review commissioning arrangements between the Council and the Care Provider. Mr X has alerted his MP to his concerns about the use of public funds; that is the appropriate course of action. Additionally, the Public Auditor is responsible for oversight of the Council’s expenditure. It would be appropriate for Mr X to raise his concerns with them.
8. We will also not investigate Mr X’s complaint that Mr Y does not receive his care and support hours in full. Mr Y has professional representation, therefore any complaint about his care needs would need to be made by them. It is reasonable for Mr X to contact the Care Quality Commission (CQC), if he has wider concerns about how the Care Provider is meeting service users’ needs and possible breaches in standards.

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Final decision

9. We will not investigate Mr X’s complaints because there are other bodies better placed to consider them.

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Investigator's decision on behalf of the Ombudsman