Summary: We will not investigate Mr X’s complaint about the outcome of a Care Provider’s investigation into visitor conduct. This is because we could not add to its previous investigation or achieve the outcome he wants.

The complaint

1. Mr X complains, on behalf of a resident Mr Y, that the Care Provider refused to permanently ban an unruly visitor.
2. He is also unhappy with the Care Provider’s complaint handling and communication.

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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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants.

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

4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Care Provider.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Care Provider apologised to Mr Y for the conduct of its staff and a visitor. It explained the steps taken to prevent recurrence. This included setting clear boundaries for visitors and formalising arrangements for volunteers.
8. I appreciate Mr X and Y remain unhappy, but we could not add to the Care Provider’s investigation or achieve the outcome sought.
9. We cannot question the Care Provider’s decision where there is no evidence of fault in its decision-making process. And we have no remit to overturn or replace the Care Provider’s decision with our own.
10. It is not a good use of public money to investigate the Care Provider’s complaint handling and communication when I will not investigate the substantive matter.

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Final decision

11. We will not investigate Mr X’s complaint because we could not add to the Care Provider’s investigation or achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman