Summary: We cannot investigate Mrs X’s complaint about the actions of one of the care provider’s employees because it lies outside our jurisdiction. This is because the complaint is 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 one of the care provider’s employees outside of her work.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. 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

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

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My assessment

5. Mrs X complains an employee of the care provider has committed criminal acts against her.
6. Mrs X’s complaint relates to the private actions of one of the care provider’s employees, outside of her work. The matter has been subject to police and court involvement.
7. 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. It is about an employee’s private actions outside of her work. As such, this complaint lies outside our jurisdiction and we cannot consider it.
8. Allegations of crime are for the police to consider and ultimately the courts to decide. We cannot investigate complaints about crime.

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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