Summary: We will not investigate this complaint about the care received by Mr X’s father in a Council commissioned residential care home. This is because we are satisfied with the actions taken by the Council when issues were raised, and we could not achieve the outcomes Mr X wants.

The complaint

1. Mr X has complained on behalf of his father, Mr Y, about the care he received in a Council commissioned care home.
2. Mr X says his father did not receive regular showers and showers provided were cold. He also says he observed the call bell being left out of reach of his father, incorrect items were returned from the laundry, and laundry was not always completed meaning his father did not have sufficient clothing.
3. Mr X has also said he is unhappy with the conduct of members of staff at the care home and a lack of communication, which made him anxious.

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The Ombudsman’s role and powers

4. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

5. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
6. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr X has said he met with representatives from the care home and a Council officer to discuss his concerns about the care Mr Y was receiving. The Council had some concerns about the Care Provider which it referred to its compliance and quality assurance team, and it moved Mr Y to another care home. Any injustice Mr X and Mr Y may have been experiencing has been remedied by changing the care provider and we could achieve nothing more.
10. Mr X has said he would like members of the care home staff to be disciplined and/or removed from their posts. The Ombudsman has no powers to become involved in employment matters so cannot achieve the outcome Mr X wants.

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Final decision

11. We will not investigate Mr X’s complaint on behalf of Mr Y because we are satisfied with the actions the Council has taken or proposes to take, and we cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman