Summary: We will not investigate Mr X’s complaint about the Care Provider failing to take appropriate action in relation to concerns about his lack of safety as a visitor of its care home. This is because there is insufficient evidence of fault by the Care Provider and it would be reasonable for Mr X to pursue the matter with the Police.

The complaint

1. Mr X complained the Care Provider failed to take appropriate action in relation to concerns about his lack of safety as a visitor of its care home. He said the matter caused him anxiety and distress. He wants the Care Provider to apologise to him as well as implement measures for his safety and to prevent a recurrence of fault.

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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:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

(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 Mr X and the Care Provider.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s relative lives at the Care Home. Mr X frequently visits their relative. Mr X complained to the Care Provider about the conduct of a staff member towards him whilst the staff member was working and about their behaviour towards them outside of the Care Home.
6. The Care Provider investigated Mr X’s complaint. In its response, the Care Provider said it:
• had addressed the matter with the staff member in question and put measures in place to minimise contact between them and Mr X. It could not share specifics of the investigation with Mr X due to confidentiality;
• had a duty of care towards the residents at the Care Home and not towards events taking place outside the Care Home. The Care Provider advised Mr X to contact the Police to pursue concerns he had outside the Care Home; and
• did not consider the matter to be a safeguarding concern as the matter related to Mr X and not to his relative or other residents.
7. We will not investigate Mr X’s complaint. The Care Provider considered his concerns, took proportionate action by addressing the staff member’s conduct and reducing contact. It explained it could not share investigation details due to confidentiality and its reasons for not pursuing it into a safeguarding matter. This was appropriate.
8. In addition, the Care Provider identified that incidents alleged to have occurred outside the Care Home was not in its remit and advised Mr X to report these to the Police which was appropriate.
9. Therefore, there is insufficient evidence of fault in how the Care Provider managed Mr X’s concerns and it would be reasonable for Mr X to pursue his concerns with the Police.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Care Provider and it would be reasonable for him to pursue the matter with the Police.

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Investigator's decision on behalf of the Ombudsman