Summary: We will not investigate Mr X’s complaint about payments given to a carer under duress. This is because we could not add to the response the Council has already provided explaining this is a private matter and that an allegation of crime is best investigated by the police.

The complaint

1. The complainant, Mr X, complains about payments he made to a carer under duress.

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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 or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• there is another body better placed to consider this complaint. (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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council that he made payments to a carer under duress.
7. In response, the Council explained this was a private matter between Mr X and the carer and not a matter for the Council. It explained that whilst Mr X’s wife receives a direct payment to pay for her assessed care needs, the disputed payments related to services Mr X had arranged and paid for privately for himself. The carer invoiced Mr X directly for these services. The Council was not involved in it.
8. It advised Mr X that if he considered the carer had obtained the money fraudulently then he should report the matter to the police. Also that Mr X could seek legal advice for guidance on recouping the payments.
9. We will not investigate Mr X’s complaint. This is because a further investigation by this office could not add to the response the Council has already provided explaining this is a private matter between the carer and Mr X. We cannot investigate complaints about alleged criminal behaviour. As set out in the Council’s response, it is a matter for the police to investigate and where appropriate for the courts to decide.

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Final decision

10. We will not investigate Mr X’s complaint because we could not add to the response the Council has already provided on the matter.

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Investigator's decision on behalf of the Ombudsman