Summary: The Ombudsman will not investigate Miss X’s complaint. This is because the alleged fault has not caused her any personal injustice.

The complaint

1. Miss X complains an employee of the care provider supplied false information to secure his employment.

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The Ombudsman’s role and powers

2. 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 the action has not caused injustice to the person who complained. (Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

3. I considered Miss X’s complaint to the Ombudsman and the information she provided. I also gave Miss X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

4. Miss X is concerned an employee of the care home secured his employment by providing false information. She is unhappy with the care provider’s response to her complaint.
5. Since October 2010, the LGSCO has had the power to investigate complaints from people who “arrange and fund” their own care about adult social care providers who are carrying out regulated activities (activities which are, or can be, registered by the Care Quality Commission).
6. I understand Miss X is concerned about the care provider’s actions. But Miss X is not a service user of the care provider. She does not “arrange and fund” her own care, and there is no evidence the matter she complains about has caused her any injustice. An investigation by the Ombudsman is not therefore appropriate.

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Final decision

7. The Ombudsman will not investigate Miss X’s complaint. This is because the alleged fault has not caused Miss X any personal injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman