Summary: We will not investigate this complaint about how a care provider organises care provision. This is because it is unlikely we would find fault in the Council’s actions. In addition, there is no evidence to suggest Mr X has been caused a significant personal injustice.

The complaint

1. Mr X complained that a service user agreement implemented at a Council owned care home was not in the readily accessible and in the users best interests.
2. Mr X also complained that his booking requests received a delayed response.
3. Mr X complained that the new booking process is an abuse of power that has the potential for discrimination.

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The Ombudsman’s role and powers

4. 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
• 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained the service user agreement relating to requests for respite care, implemented by a care provider, owned by the Council, was not in the best interest of those who use the service.
8. The Council responded to Mr X’s complaint and explained the service user agreement and the current arrangements for people to book provision is under a pilot arrangement, and was implemented after a consultation process.
9. Based on the service user agreement and the Council’s complaint response, saying it was trying to organise requests to make the service more equitable for all users, it is unlikely we would find fault in the Council’s actions.
10. Mr X also complained that his booking requests received a delayed response. From the information provided, the Council followed their service user agreement when dealing with Mr X’s booking requests and there is no evidence the existing arrangement caused Mr X a significant personal injustice that would justify further investigation.

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Final decision

11. We will not investigate Mr X’s complaint because it is unlikely we would find fault in the Council’s actions. In addition, there is no evidence to suggest Mr X has been caused significant personal injustice.

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Investigator's decision on behalf of the Ombudsman