Summary: The Ombudsman will not investigate this complaint about the behaviour of two employees at a care home where the complainant’s mother lives. This is because it is unlikely that further investigation would lead to a different outcome or enable the Ombudsman to provide the outcome that the complainant wants.

The complaint

1. The complainant, who I refer to here as Ms J, says that:
• Two employees of the care home where her mother lives, made rude and inappropriate comments about her and her mother. Ms J overheard the comments as the preceding phone call had not been properly terminated; and
• The Care Provider has not reported back properly to her regarding the outcomes of the investigation into her complaint, and refuses to provide details of any action taken.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. 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 further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered the information provided by Ms J and I have sent her a draft decision for her comments.

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What I found

4. After a visit to her mother, in which Ms J felt the Care Home did not provide adequate care for her mother, she called the Home and asked to speak to the manager. When the call was ended, with a request for the manager to call Ms J back, she realised that the phone at the Home was not properly replaced. She then heard a conversation between the manager and another employee in which they made rude and inappropriate comments about her and her mother.
5. Ms J recorded the conversation, and provided it to the Care Provider, with a complaint.
6. The complaint was upheld, and the Care Provider apologised to Ms J. It also told her that appropriate action had been taken regarding the two employees.
7. Ms J remains dissatisfied, as she feels that she should have had a personal apology from the carers, and that the Care Provider should give her full details about its investigation into complaint, and the precise action taken in respect of any disciplinary procedures.
8. I will not investigate the complaint however. This is because further investigation would not provide a different outcome. We would not expect personal apologies: our investigations are into the actions of the corporate body, not individuals, so I regard the apology given as appropriate.
9. Additionally, the Care Provider is not at fault in refusing to disclose the details of any disciplinary action, as this would entail an information breach. We cannot consider the appropriateness of any disciplinary action either, as all personnel matters are outside our jurisdiction.
10. Although I appreciate Ms J’s feeling that an on-going relationship with the employees is going to be difficult for her, we are unable to achieve the outcome that she wants.

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Final decision

11. I will not investigate this complaint. This is because further investigation would not provide a different outcome or the outcome that Ms J wants.

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Investigator's decision on behalf of the Ombudsman