Summary: We will not investigate Mr X’s complaint about the Care Provider’s actions following an incident at his home. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains a carer called the Police and wrongly portrayed him as a violent individual, following an incident in his home. He says the matter has caused distress.

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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 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.

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

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The care provider provides care to Mr X’s partner, Ms Y. Following an incident at their home, a carer called the Police. Mr X says the carer wrongly portrayed him as violent, which has caused him distress. He says the carer’s actions have impacted on his relationship with Ms Y and affected his living situation.
6. In its complaint response, the Care Provider explained it has a duty to act when necessary, to safeguard its customers and employees. It said the decision to call the Police was made on this basis. It said its focus was on providing care for Ms Y.
7. We will not investigate this complaint as there is insufficient evidence of fault. The carer took the action they considered necessary at the time to safeguard themselves and Ms Y. It is for the Police to then decide whether any further action is required. There is insufficient evidence of fault in the Care Provider’s actions to warrant an investigation.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman