GG Total Care Ltd (26 005 859)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 14 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an injury the Care Provider caused to Mr X. This is because Mr X has an alternative legal remedy, through the courts, which would achieve the outcome he wants. We cannot say whether the Care Provider was liable for his injury and so it would be reasonable to expect him to use this alternative remedy.
The complaint
- Mr X says the Care Provider was negligent in the care it provided to him, particularly how a care worker handled him during a care visit. Mr X says this caused him lasting injury and has affected his quality of life. Mr X is seeking a substantial financial outcome from the Care Provider.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X said a care worker treated him poorly during a care visit, and this left him with lasting injury. Mr X complained to the Care Provider (CP). The CP investigated Mr X’s complaint and said it was not liable for his injury.
- I will not investigate this complaint. Negligence claims and interpreting the law around civil liability are best decided by a court where no insurance liability is accepted. Only a court can decide whether an organisation caused a person harm or if the organisation is liable to pay damages for an injury a person has suffered.
- We cannot decide on liability under these circumstances and so it would be reasonable to expect Mr X to use this alternative remedy to achieve what he is looking for.
Final decision
- We will not investigate Mr X’s complaint because he has an alternative legal remedy to pursue a claim of negligence and it would be reasonable to expect him to use this alternative remedy.
Investigator's decision on behalf of the Ombudsman