Summary: We cannot investigate Mrs X’s complaint about the actions of two of the care provider’s employees because it lies outside our jurisdiction. This is because the complaint is about private matters and not about the actions of the care provider in connection with the provision of adult social care.

The complaint

1. The complainant, whom I shall call Mrs X, complains about the actions of two of the care provider’s employees outside of their work.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. (Local Government Act 1974, sections 34B and 34C)
3. 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)

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How I considered this complaint

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

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My assessment

6. Mrs X complained to the care provider about the actions of two of its employees. The care provider told Mrs X it would not consider the complaint because it was about a personal matter and not an issue related to the care provider. It advised Mrs X that as it was already a police matter she should direct her correspondence to the police.
7. Mrs X’s complaint relates to the private actions of two of the care provider’s employees. The matters complained about do not relate to, and are not linked to, their employment with the care provider. The matter has been subject to police and court involvement.
8. We can consider complaints about a care provider’s actions in connection with the provision of adult social care. However, the matters complained about here do not relate to the care provider’s actions in connection with the provision of adult social care. As a result it lies outside our jurisdiction and we cannot consider it.

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Final decision

9. We cannot investigate Mrs X’s complaint because it lies outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman