The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint, made on behalf of Mrs Y, about a care firm commissioned by the Council breaking Mrs Y’s tap, ending its delivery of Mrs Y’s care package without explanation, and how the firm and Council dealt with her complaint. Investigation would achieve no different outcome on the core property damage issue. There is not enough evidence of fault in the firm ending its provision of Mrs Y’s care package and not giving an explanation to warrant investigation. We do not investigate complaint‑handling processes where we are not investigating the core issue giving rise to the complaint.
The complaint
Mrs X is Mrs Y’s daughter. Mrs Y received domiciliary care from a care firm commissioned by the Council. Mrs X complains: the care firm’s staff broke a tap at her mother’s house; the care firm decided not to continue to provide Mrs Y’s care package without explanation; she had to pursue a refund for its repair through the care firm’s and Council’s complaint processes.
Mrs X says Mrs Y was extremely upset at the damage to her property. She says Mrs Y was very upset by having to have new carers and Mrs X found the process of finding the new care firm stressful. Mrs X spent time and was caused trouble and found dealing with the matter and the complaint process very stressful, which affected her health.
The Ombudsman’s role and powers
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: further investigation would not lead to a different outcome; or there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information from Mrs X and the Ombudsman’s Assessment Code.
My assessment
In response to Mrs X’s complaint about the damage to Mrs Y’s property, the care firm offered goodwill payments to meet part of the repair costs, based on its view of the information it received on how the damage was caused. Mrs X pursued the matter to the Council and its final complaint response confirms the care firm met the full £100 repair cost. On this core repair issue, an investigation by us would not lead to any different outcome here, so we will not investigate.
Mrs X also complains about the care firm’s decision to end its involvement in the delivery of Mrs Y’s care package without explanation. During the complaint, the Council stated the firm’s reason for withdrawing from Mrs Y’s care package was loss of trust between its staff and Mrs X and apologised for any distress caused by the absence of this explanation. But commissioned care firms may withdraw from providing care, and do not need to give a reason, if they have fulfilled their contract. As a commissioned care firm its contract was with the Council, not Mrs Y.
There is not enough evidence of fault in the care firm ending its provision of Mrs Y’s care package, and it not initially providing an explanation, to warrant investigation.
We recognise Mrs Y was caused some inconvenience and stress and spent time pursuing the complaint with the care firm and the Council. But we do not investigate councils’ or care firms’ complaint-handling in isolation where we are not investigating the core issue which gave rise to the complaint. It is not a good use of our resources to do so. That limitation applies here so we will not investigate this part of the complaint.
Final decision
We will not investigate Mrs X’s complaint because: there is no different outcome achievable by an investigation of the core property repair issue; and there is not enough evidence of fault in the care firm ending its provision of Mrs Y’s care package and not giving an explanation to warrant an investigation; and we do not investigate complaint-handling processes where we are not investigating the core issue giving rise to the complaint.
Investigator's decision on behalf of the Ombudsman