Summary: We will not investigate Mr X’s complaint about a lack of information and notice from the Council about the closure of Mrs X’s Care Provider. This is because the matter has not caused Mr X any significant personal injustice which is serious enough to warrant an investigation.

The complaint

1. Mr X complains about a lack of information and notice from the Council about the closure of his mother’s, Mrs X’s, Care Provider.

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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 an investigation if we decide any injustice is not significant enough to justify our involvement. (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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about a lack of notice and information about Mrs X’s Care Provider closing. Mr X said he was only informed of it on the date of closure. It told him a new provider had been put in place but it caused Mr X stress in contacting the new provider to check when the new care provision would start.
7. The Council explained the Care Provider gave it only very short notice of its decision to close. It then worked with the Provider to inform customers of the closure; to provide customers with details of the new provider and to ensure there was no gap in provision. It apologised to Mr X for the lack of notice and for any distress this caused him.
8. We will not investigate Mr X’s complaint. This is because whilst I note the matter caused Mr X some short term stress, when he received the letter, it did not cause any significant personal injustice which is so serious that it warrants a further investigation by this office. The Council explained it had a very limited time frame in which to act and secure ongoing care provision and it apologised to Mr X for any distress caused by the short notice. There is nothing further we could add to the response the Council has already provided via its own investigation. We do not investigate every complaint we receive and we must focus our limited public resources on investigating those complaints where a person has suffered a significant personal injustice as a result of fault by a body in our jurisdiction.

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Final decision

9. We will not investigate Mr X’s complaint because the matter has not caused him any significant personal injustice which is serious enough to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman