Summary: We will not investigate Mr X’s complaint about a respite booking. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. The complainant, Mr X, complains the Council failed to book a respite stay for his wife, Mrs X, despite telling him over the phone that it had been confirmed. When they arrived for the respite stay the provider told them there was no booking. Mr X asked the Council to repay him the £160 he paid for transport to respite for Mrs X. He also had to cancel plans he had made for the respite period.

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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X complained the Council failed to book a respite stay for Mrs X in May this year despite telling him over the phone that it had been booked.
7. The Council said its records showed it told Mr X there was no availability for the requested May booking when he called to book. It said there was no evidence of the booking being confirmed and there appeared to have been a misunderstanding during the phone call as other respite stays were also discussed.
8. In response to our initial enquiries, the Council confirmed the phone call in question was not recorded. However, I have viewed a copy of the file note made of the telephone call at the time. This stated that Mr X called to book three respite stays for Mrs X. It says the provider was fully booked for the May dates requested, that a provisional booking was made for a stay in August and that it could not currently make a booking for a stay in December.
9. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council to warrant an investigation. Whilst I have no reason to doubt Mr X’s recollection of the phone call, as set out in the Council’s response, it appears likely there was some misunderstanding during the call. The records indicate no booking was made for a stay in May as the provider was already fully booked for the dates requested.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman