The Ombudsman's final decision
Summary: We will not investigate this complaint about adult social care at home. The Council explains it cannot agree to change care workers because of their nationality or language spoken. There is not enough evidence of fault by the Council, and it is unlikely an Ombudsman investigation would reach a different outcome.
The complaint
Ms B says the care workers speak in their own language and she cannot understand them, and it makes it difficult for her to communicate with them. Ms B has asked the Council to change the care workers to someone she can understand.
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: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 Council explains the care workers are skilled and able to do the job of meeting Ms B’s adult social care needs. The Council cannot discriminate against care workers because of their nationality and will not agree to Ms B’s request to change care workers on this basis. The Council agreed to meet with Ms B to discuss expectations and any concerns about the quality of the care.
Final decision
We will not investigate Ms B’s complaint because there is not enough evidence of fault by the Council. It is unlikely an Ombudsman investigation would add to what the Council has said or reach a different outcome.
Investigator's decision on behalf of the Ombudsman