Summary: We will not investigate Mrs X’s complaint that she was falsely accused of being racist. This is because it is unlikely a further investigation by this office could add to the response already provided via the care provider’s own investigation of the matter.

The complaint

1. Mrs X complains the care provider’s care home manager falsely accused her of being racist.

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The Ombudsman’s role and powers

2. It is our decision whether to start an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We investigate complaints about adult social care providers. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we could add to any previous investigation by the care provider. (Local Government Act 1974, sections 34B(8) and (9))

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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. Mrs X complained to the care provider that its care home manager falsely accused her of being racist.
7. The care provider investigated. It spoke to the manager as well as all staff and visitors who were present at the care home that day. No other parties were present during the disputed exchange. On considering all the accounts it found no evidence to support Mrs X’s allegation that the care home manager had called her racist and so it did not uphold the complaint.
8. The care home manager was clear in her recollection that she had not called Mrs X racist but had said that some of her comments could come across as racist. Other staff and visitors reported hearing Mrs X loudly stating that she was not racist. Some also reported hearing Mrs X make comments which could be considered racist.
9. After considering the accounts of all parties present it considered it more likely than not that the care home manager had suggested that some of Mrs X’s comments could be perceived as racist and that Mrs X had interpreted this as an accusation that she was racist.
10. Mrs X remains dissatisfied with the outcome of the investigation and seeks an apology from the manager.
11. We will not investigate this complaint. This is because it is unlikely that a further investigation by this office could add to the response the care provider has already provided via its own investigation of the matter. The two parties have given their account of the exchange but have differing recollections of what was said. I have no reason to doubt either party’s recollection of what was said and it is very unlikely that further questioning on the same issue would lead to either party changing their account or recollection now. All the available information has already been considered via the care provider’s investigation and there is nothing further we could add. I do not see that we could reliably reconcile the differing accounts further to the response already provided and so it would not be a good use of limited public funds for us to also investigate.

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Final decision

12. We will not investigate Mrs X’s complaint because it is unlikely a further investigation by this office could add to the response already provided via the care provider’s investigation.

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Investigator's decision on behalf of the Ombudsman