The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has not completed adequate social care assessments for four of Mrs B’s clients. This is because we do not consider Mrs B to be a suitable representative, and the injustice Mrs B claims personally does not arise from the actions she complains of but from a commissioning decision she could reasonably pursue under the contract between her organisation and the Council.
The complaint
Mrs B works for a company which is commissioned by the Council as a care provider. Mrs B complains that care assessments for her clients were not carried out in line with the relevant legislation. She says the Council recommended a reduction in the number of hours required for support. This has caused the clients and their families to feel stressed and anxious. This has also had a financial impact on the care provider as they have continued to provide support in line with previous assessments. Mrs B would like reviews to take place for each of her clients and for the care provider to be reimbursed for the extra support they’ve provided.
The Ombudsman’s role and powers
We may investigate complaints made on behalf of someone else if they have given their consent. If they are not able to give their consent, we can consider whether the person bringing the complaint is a “suitable representative”. (Local Government Act 1974, section 26A(1) and (2), as amended) We investigate 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 continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the Complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs B has complained about the social care assessments produced for four of her clients and the impact this has had on them and their families. Mrs B has not obtained consent to make this complaint on her clients’ behalf. There is also a clear conflict of interest as Mrs B works for the care provider commissioned by the Council to provide care and support. If Mrs B's clients or their families wish to complain they may do so.
Mrs B complains she has her own injustice as the Council’s actions have had a financial impact on the care provider. But any injustice caused to Mrs B flows from the arrangement the care provider has with the Council or its agent. As the Council has advised, Mrs B can take her complaint to its commissioning service to consider. If the provider thinks there has been a breach of contract, then it can reasonably pursue this in Court.
Final decision
We will not investigate Mrs B’s complaint because we do not consider Mrs B to be a suitable representative for service users in her care, and the injustice Mrs B claims personally does not arise from the actions she complains of but from a commissioning decision she could reasonably pursue under the contract between her organisation and the Council.
Investigator's decision on behalf of the Ombudsman