Summary: We will not investigate this complaint about what happened to Mr X’s leg when he was being lifted in a care home. This is because we cannot achieve the outcome he wants.

The complaint

1. Mr X says an injury was caused to him when a carer trapped his leg between a hoister and a bed.
2. Mr X says he now must use a wheelchair and he seeks financial compensation.

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The Ombudsman’s role and powers

3. 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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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).
5. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

6. I considered information Mr X provided and the Ombudsman’s Assessment Code.

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My assessment

7. The Care Home responded to Mr X’s complaint. It apologised for not responding promptly. The Care Home said service improvements had taken place arising from Mr X’s complaint. For e.g., care staff had been reminded not to use the lifter equipment on their own. It also said the Council’s safeguarding investigation was satisfied with the Care Home’s response. Essentially, the Care Home said it had investigated his concerns and would not be taking the matter any further
8. Mr X requests a financial remedy for his leg injury. This is not an outcome the Ombudsman is able to achieve. The Ombudsman investigates complaints about administrative fault. Claims of personal injury are dealt with in court. The ease of the smalls claims court along with solicitors no win no fee arrangements mean it is reasonable to expect Mr X to apply to court. As we cannot provide the outcome Mr Y is seeking, we will not investigate this complaint.
9. Mr X has also complained to us about the Council’s safeguarding investigation saying it did not consider his concerns fairly. We do expect complainants to exhaust the Council’s complaint procedure before we can consider. As there is no evidence he brought this to the Council before raising with us, this aspect of Mr X’s complaint is premature under our procedure. If Mr X complains to the Council and remains dissatisfied with its response, he retains the right to refer this matter to us.

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Final decision

10. We will not investigate Mr X’s complaint because we cannot achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman