Liverpool City Council (24 014 533)
The Ombudsman's final decision:
Summary: We will not investigate Dr X’s complaint that poor management of the supported living accommodation his son lives in led to his son incurring additional costs. This is because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
The complaint
- Dr X complains poor management of the supported living accommodation his son lives in led to his son incurring additional costs.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Dr X’s son, Mr Z, lives in supported living accommodation. Dr X is his son’s financial deputy and manages his finances.
- Mr Z broke his bed, Dr X said due to poor management, the care provider asked him to buy a new bed and mattress.
- If we were to investigate, it is likely we would find fault causing Dr X an injustice. This is because during its complaint investigation, the care provider accepted it should not have asked Dr X to buy the new bed and mattress or to arrange the logistics of the removal of the old bed and mattress.
- As it was accepted Dr X should not have been asked to deal with the logistics of replacing the damaged bed and mattress, it follows it would have been the responsibility of the care provider to deal with the logistics of buying the new bed and mattress.
- The care provider told Dr X it had a central system to purchase equipment to ensure the best price. However, the Council said these suppliers were not available in the area and so any purchases made would be obtained from local retailers.
- Given this, I am satisfied the injustice caused is uncertainty because it cannot be said how much the care provider would have sourced the new bed and mattress for. I am also satisfied Dr X was caused time and trouble in having to dealt with the logistics of replacing the bed.
- Dr X also complained the care provider failed to assemble an exercise bike he purchased for Mr Z. However, an investigation is not justified as we are not likely to find fault as the care provider did not confirm it would assemble the exercise bike. Therefore, it was Dr X’s choice to purchase the item before receiving confirmation staff would assemble it.
- The care provider has provided clear reasons for why it will not arrange for someone to assemble the bike, including concerns to the risk to Mr Z should he use the exercise bike. We are not likely to find fault with this decision.
- We asked the Council to consider remedying the injustice caused by the likely faults by completing the following:
- Apologise to Dr X for the time and trouble caused in having to arrange the logistics of replacing the bed.
- Make a symbolic payment of £150 to Dr X acknowledge the time and trouble caused to him.
- Make a payment of £300 to Dr X, as Mr Z’s financial deputy, to recognise the uncertainty caused by the care provider’s failure to purchase the bed and mattress.
Agreed action
- The Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.
Final decision
- We have upheld this complaint because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
Investigator's decision on behalf of the Ombudsman