Summary: We will not investigate Miss X’s complaint about the Council’s refusal to find another home care provider to provide care for her father at home. This is because an investigation would not lead to any worthwhile or further outcomes.

The complaint

1. Miss X complains about the Council’s refusal to find another home care provider to provide care for her father at home. She says the Council is trying to force her father into a care home.

Back to top

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 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 an investigation if we decide:

• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Miss X’s father, Mr Z, receives a mixed package of care. During the week, his eligible care needs are met through direct payments, which he uses to employ Miss X as his personal assistant. For care required at weekends, the Council commissions a care provider to provide the care.
6. The Council introduced a new locality provider framework in October 2023. This framework established that each locality would have two care providers. The policy also built in a process to allow the Council to commission alternative care providers as an exception.
7. The commissioned care provider gave notice on Mr Z’s care package. The other care provider contracted to provide care in Mr Z’s locality declined to take over the care package. As neither of the two care providers in the locality could provide the care, the Council asked Miss X to consider direct payments for the weekend care package.
8. Miss X was unhappy with this and felt the Council was either forcing her to accept direct payments or for Mr Z to be placed in a care home.
9. In January 2024, the Council’s exceptions panel considered Mr Z’s case. The panel agreed to grant an exception which allowed the Council to source another care provider to provide the care to Mr Z on weekends. The Council was successful in sourcing an alternative care provider to provide the weekend care.
10. Therefore, an investigation is not justified as it would not lead to any worthwhile or further outcomes. This is because the Council has already sourced an alternative care provider and Mr Z’s mixed package of care has continued.

Back to top

Final decision

11. We will not investigate Miss X’s complaint because an investigation would not lead to any worthwhile or further outcomes.

Back to top

Investigator's decision on behalf of the Ombudsman