Summary: We will not investigate Mr X’s complaint about how the Council communicated with him about Miss Y’s care. Further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council issued him with a warning letter following a discussion with staff regarding Miss Y’s evening routine.
2. He said he had no option but to take Miss Y home early and stop using the provider. He wants a formal apology and clarity on how staff make decisions around care routines.

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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:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• we could not add to any previous investigation by the organization.

(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. Miss Y regularly received overnight respite provided by the Council. Mr X complained about her last stay. He said he asked for Miss Y’s evening routine to be later based on her previous stay, but the conversation escalated. He said that resulted in him feeling dismissed and judged and that he had no option but to take Miss Y home.
7. Due to concerns with Mr X’s communication the Council sent him an unacceptable contact letter which gave examples of behaviour it deemed unreasonable.
8. In its complaint response the Council apologised for how the conversation about Mr X’s communication arose. It suggested a meeting to find a way forward. Mr X informed the Council he did not want to attend a meeting.
9. We will not investigate this complaint for the following reasons:
• In its complaint response the Council said it reviewed its care records and explained Miss Y was supported to sit the lounge but showed signs of tiredness so was supported to go to bed. The Council said it is guided by individual needs. There is not enough evidence of fault to justify our involvement.
• The unacceptable contact letter clearly explained its concerns with Mr X’s communication and the Council’s complaint response apologised for its part in the breakdown of communication. Further investigation would not lead to a different outcome,
• The Council offered a meeting with Mr X but he said he did not want to attend. The Council said that although Mr X feels unable to take Y to the care provider for respite care, the placement remains open. The Council has suggested a meeting to discuss Miss Y’s respite care options. The Council’s offer of a meeting to address Mr X’s concerns it an appropriate next step. Further investigation would not lead to a different outcome.

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Final decision

10. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman