Summary: We will not investigate this complaint about how the Care Provider handled Mrs X’s complaint. It is not proportionate for us to investigate complaint-handling in isolation when we are not also investigating the substantive matter.

The complaint

1. Mrs X complained about how the Care Provider handled her complaint about risk to a family member. She said its lack of response affected her ability to retain a relationship with the person, and that she had gone to significant inconvenience.
2. Mrs X wanted the Care Provider to provide a proper complaint response and explanations, apologise and pay her a financial remedy.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X raised concerns about risk to her family member who lives in a care home run by the Care Provider. She then complained to the Care Provider about how it dealt with those concerns.
8. Mrs X’s complaint to us is solely in her own right, about how the Care Provider subsequently handled her complaint.
9. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
10. In addition, we will not normally investigate a complaint where the complainant is not the person primarily affected and is complaining about a secondary impact on them, rather than acting on behalf of the person directly affected.
11. In this case, it is not proportionate to investigate Mrs X’s complaint given that we are not also investigating the substantive matter on behalf of her relative.

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Final decision

12. We will not investigate Mrs X’s complaint because it is not proportionate for us to investigate complaint-handling in isolation when we are not also investigating the substantive matter.

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Investigator's decision on behalf of the Ombudsman