The Ombudsman's final decision
Summary: We will not investigate this complaint about Mrs X’s daughter’s care because it is unlikely any further investigation by the Ombudsman could add anything significant to the Council’s investigation.
The complaint
The complainant, Mrs X, has complained about an allegation made about her by a member of her daughter’s care staff. Mrs X also complains about her daughter’s care staff letting themselves into her property early, when she is not there.
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 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)) We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X said there is a member of staff working with her daughter who previously made an allegation about Mrs X. Mrs X has asked for this member of staff to be removed as it makes it awkward when the family wish to visit.
The Council has explained why it would not ask the care provider to remove the member of staff. It said there was a lack of evidence to prove misconduct, Mrs X’s daughter has a good relationship with the staff member and Mrs X’s daughter has not asked for this member of staff to be removed. The Council said the police had not taken the matter further and it had initiated safeguarding procedures. It is unlikely we would be able to add anything significant to the police or Council’s findings. We have no powers to require the Council to arrange the removal of the staff member. That is a matter between members of staff and their employer.
Mrs X has requested a key be removed from a key box as care staff were entering her daughter’s property without her daughter being present.
The Council has discussed this issue with the complainant. It confirmed that care staff will not enter the property until 10 minutes before their shift starts and ensure the property is respected. It offered to discuss the matter further with Mrs X if she feels further changes are necessary. It is unlikely we could add anything significant to the Council’s investigation of this issue. The Council has offered a way forward to Mrs X if she finds the problem she reported is continuing.
Final decision
We will not investigate Mrs X’s complaint because it is unlikely we could add anything significant to the Council’s investigation of this complaint.
Investigator's decision on behalf of the Ombudsman