Summary: We will not investigate this complaint about the actions of a carer employed by the Care Provider. We could not achieve the outcome Miss X seeks from complaining.

The complaint

1. Miss X complained the Care Provider enabled a carer to breach professional boundaries, including developing an inappropriate relationship with another member of the family, stealing money and letting themselves into the property outside of scheduled visits.
2. Miss X said the Care Provider failed to properly investigate the matter and threatened Miss X to try and stop her escalating the matter. Miss X said the events caused her significant distress. She wanted the Care Provider to terminate the carer’s employment.

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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 cannot achieve the outcome someone wants, 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. Miss X’s complaint is about a carer employed by the Council-commissioned Care Provider. Miss X makes several allegations relating to the carer’s conduct. She complains the Care Provider did not deal with the matter properly when she raised her concerns.
7. Parts of Miss X’s complaint are better considered police matters; for example, her claim the carer in question stole a significant amount of money and valuable items from her family member. The police are already aware of this allegation.
8. I have considered whether we should further consider other parts of the complaint which we may have the power to consider. However, we cannot make recommendations relating to termination of employment. This would be a personnel matter for the Care Provider.
9. If we investigated parts of Miss X’s complaint that may come under our jurisdiction, we could never achieve the outcome Miss X seeks from complaining to us. It is not proportionate for us to consider the matter further.

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Final decision

10. We will not investigate Miss X’s complaint because we cannot achieve the outcome she seeks from complaining.

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Investigator's decision on behalf of the Ombudsman