Summary: We will not investigate Mr X’s complaint about how the Council commissions care services. That is because it does not meet the tests set out in our Assessment Code.

The complaint

1. Mr X complained about how the Council commissioned care services. He said it prioritised low-cost contracts that reduced quality of care and exploited care workers. He said that left himself, as an ethical care provider at a competitive disadvantage. He wants the Council to review its commissioning practices and eliminate exploitative practices.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate Mr X’s complaint about the Council. Firstly, we normally only investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by an organisation. Mr X’s complaint to the Council was about the employment practices of other care providers. Mr X is not in receipt of services from these care providers, therefore has not suffered a personal injustice.
6. Secondly, the Council responded to Mr X with information about its tender process, how it oversaw contract management and the quality monitoring of care providers. It has provided evidence to the Ombudsman it is following up Mr X’s concerns about care providers. There is not enough evidence of fault in how the Council has acted to justify our involvement.
7. Finally, Mr X raises concerns about employment practices of care providers and the potential for exploitation. Alongside making the Council aware of his concerns about specefic providers, these matters may be better addressed through his local councillor, or MP other than the Ombudsman.

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Final decision

8. We will not investigate Mr X’s complaint because it does not meet our tests in the Assessment Code.

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Investigator's decision on behalf of the Ombudsman