Summary: We will not investigate this complaint about the care and support the Council arranged for Mr X. This is because we could not add to investigation the Council has already carried out, further investigation would not lead to a different outcome and we cannot achieve the outcome Mr X and his mother want.

The complaint

1. Mr X and his mother, Mrs Y, complain about the support, provided through a care provider arranged by the Council, for Mr X’s social care needs in 2024, including the conduct of staff.
2. They say this caused them both avoidable distress. They want an apology and for the Council to take action against a manager working for the care provider.

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The Ombudsman’s role and powers

3. 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 or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X, Mrs Y and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Evidence shows the Council has carried out a proportionate investigation into Mr X and Mrs Y’s concerns, which were about multiple events throughout 2024. The Council’s findings from its investigations reflect the evidence the care provider sent the Council, and the information Mr X and Mrs Y provided. The Council’s findings reflect the evidence available to it.
7. I appreciate Mr X and Mrs Y disagree with some of the Council’s findings. However, it is unlikely an investigation by the Ombudsman could add to the investigations the care provider and the Council have already carried out. It is not appropriate for us to investigate a complaint just because someone disagrees with the outcome.
8. It is also unlikely further investigation would lead to a different outcome. The care provider has already apologised to Mr X for some of the issues where it accepted it had got things wrong. It is unlikely further investigation would lead to us recommending a significantly different remedy.
9. Mrs Y implies that action should be taken against the manager from the care provider. The Ombudsman does not hold individuals accountable for any failings; we hold care providers and councils responsible as organisations. We cannot recommend that any care provider or council take action against individual members of staff. Therefore, we cannot achieve that outcome Mrs Y wants.

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Final decision

10. We will not investigate Mr X and Mrs Y’s complaint because we could not add to investigation the Council has already carried out, further investigation would not lead to a different outcome, and we cannot achieve the outcome Mr X and his mother want.

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Investigator's decision on behalf of the Ombudsman