Summary: We will not investigate this complaint about adult social care provided at home. This is because it is unlikely we could add to the Council’s investigation or achieve anything further. The Council has accepted fault, apologised, and acted to improve future service. We are satisfied with the Council’s actions in response to the complaint.

The complaint

1. Ms E says the Council provided poor care at home to her mother, Ms F. Ms E says the Council failed to act on her concerns, which left Ms F at risk. Ms E had to step in and arrange a change of care provider. This was stressful and took a toll on Ms E’s physical and mental health. Ms E wants the Council to improve service so that other families do not have the same experience.

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The Ombudsman’s role and powers

2. Ms F died during the events complained of. We may investigate a complaint on behalf of someone who has died. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

3. We have accepted Ms E as suitable to raise this complaint.
4. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
5. People Matter Support Services (the Care Provider) was acting on behalf of the Council to meet Ms F’s adult social care needs.
6. 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:

• 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))

7. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. The Council has completed an investigation and accepted fault. It is unlikely an Ombudsman investigation could add anything further.
11. The failures in support were serious and likely in breach of the Care Quality Commission’s (CQC) fundamental standards. The CQC is the independent regulator of health and social care in England and has fundamental standards below which care should never fall. The Care Provider failed to arrive for care calls, arrived late for care calls (almost three hours late on one occasion), failed to always give medication, failed to change Ms F’s continence aid, falsified its records, and left Ms F in an unsafe seating position more than once. These events all happened over 17 days and do not cover all failings, giving a very poor picture.
12. To acknowledge the impact on Ms E the Council has apologised. The Council or Ombudsman can take no action to remedy Ms F’s personal injustice from the failures in care support.
13. The Council’s commissioning team and provider quality team is working with the Care Provider to improve its service.
14. The Council accepts it did not follow its process when acting on Ms E’s concerns. It did not tell Ms E the action it was taking, check if she was satisfied, and advise how she could escalate her complaint. The Council has reminded staff of the relevant processes, and to take advice from the complaints manager when they receive informal complaints.
15. Ms E is unhappy with the way the Council dealt with her complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

16. We will not investigate Me E’s complaint because it is unlikely we could add to the Council’s complaint investigation or achieve anything further. I am satisfied with the actions the Council has taken in response to the complaint.
17. Under our information sharing agreement, we will share this decision with the Care Quality Commission (CQC).

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Investigator's decision on behalf of the Ombudsman