The Ombudsman's final decision
Summary: Miss X complains about the standard of care provided to her mother. She complains the carers failed to stay for the allocated time, failed to lock the key safe appropriately, and failed to provide care in line with her support plan. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X by the faults accepted.
The complaint
Miss X complains about the standard of care provided to her mother, Mrs A, by the care provider. She complains the carers failed to stay for the allocated time, failed to lock the key safe appropriately, and failed to provide care in line with Mrs A’s care and support plan.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The care provider has investigated Miss X’s complaint and upheld all complaint points. The care provider also implemented several service improvements to prevent the faults from reoccurring and addressed the failure to secure the key safe with the carer involved. This was appropriate in the circumstances.
However, no personal remedy was offered to Miss X. I am of the view the accepted faults will have caused Miss X distress and so it is appropriate for a personal remedy to be provided to her to recognise this.
We therefore asked the Council to consider resolving the complaint early by paying Miss X £200 to remedy the distress caused.
Agreed action
To its credit, the Council agreed to resolve the complaint and will do the above within four weeks of the date of the final decision statement.
Final decision
We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.
Investigator's decision on behalf of the Ombudsman