Summary: We will not investigate Mrs X’s complaint about some comments by a member of care home staff. We are unlikely to add anything further to the investigation already completed. There is also not enough personal injustice to warrant further investigation.

The complaint

1. Mrs X complains the Council have failed to properly investigate her complaint when she escalated it to stage 2, there was a long delay between when she escalated it and when the Council responded.

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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 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:

• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council commissioned care for Mrs X’s son in a care home. Mrs X complained that staff in the care home spoke about her in an unprofessional way and were rude to her in an email.
6. Mrs X complains the Council failed to properly investigate her complaint about the conduct of staff at her sons care home when she escalated it with them. Mrs X had complained to the care home about the conduct of staff, and the care home conducted an independent investigation and responded to her complaint. She was unhappy with the response and escalated her complaint to the Council. There was a delay of 9 months where the Council did not communicate with her.
7. If were we to investigate this complaint we would be unlikely to add anything further to the investigation already carried out by the care home. The care home has addressed the concerns raised and issued an apology.
8. While the delay in the Councils response has understandably caused Mrs X uncertainty, the resulting injustice is not enough to merit further investigation.

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Final decision

9. We will not investigate Mrs X’s complaint because we are unlikely to add anything further to the investigation already completed, and the resulting injustice is not enough to merit further investigation.

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Investigator's decision on behalf of the Ombudsman