The Ombudsman's final decision
Summary: We will not investigate this complaint about Mr Y’s domiciliary care. We could not achieve a meaningful remedy, and the courts are better placed to deal with claims for compensation.
The complaint
Mrs X complains about the domiciliary care provided to her father, Mr Y. The care agency was regularly late without calling to advise of delays, and did not provide consistent carers. This impacted Mr Y’s dignity, as he was receiving personal care from unfamiliar people. This negatively impacted his mental health and put his physical health at risk. The care provider also charged Mr Y for care it did not deliver, which Mrs X estimates as over £28,000. She requests this is refunded as well as substantial compensation to recognise the distress caused.
The Ombudsman’s role and powers
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 cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained on behalf of her father, Mr Y. She explained to the care provider, working on behalf of the Council, that they sought a significant sum. This included: Over £12,000 for the care provider overcharging Mr Y; Over £16,000 to reflect the inadequate service Mr Y received; and A “substantial and meaningful” amount of compensation to recognise the emotional and mental harm caused to Mr Y, to be suggested by the care provider.
The Ombudsman does not award compensation in the way the courts do. We could not achieve the remedy Mrs X seeks on Mr Y’s behalf. We could not achieve a meaningful remedy and we will not consider this complaint.
It is open to Mrs X to approach the courts to lodge a claim for compensation, as the courts are better placed than the Ombudsman to deal with this matter.
Final decision
We will not investigate Mrs X’s complaint because we could not achieve a meaningful remedy, and the courts are best placed to deal with claims for significant compensation.
Investigator's decision on behalf of the Ombudsman