Summary: Mr X complained that agency A left Mrs Y without care and support when it withdrew its services without notice. He says this caused Mrs Y and Mr X distress and Mrs Y’s needs were not met. We find service failure and injustice caused to Mrs Y. We make no recommendations due to the specific circumstances in this case.

The complaint

1. Mr X complained that his mother, Mrs Y, was left without the care and support she needed one evening at the end of May 2022. This was due to the Care Provider ending the service without notice.

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The Ombudsman’s role and powers

2. 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

3. I considered information from both Mr X and the Council.
4. Mr X and the Council have had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

5. Following a few weeks’ stay in hospital, Mrs Y returned home and received a home care service. Mrs Y was self funding but Mr X asked the Council to arrange the service on her behalf. Mr X says the circumstances were “incredibly challenging” for himself and Mrs Y.
6. There were difficulties with Mrs Y’s first care package from Agency A, and Mr X was unhappy with the service. Agency A gave notice, and the Council arranged another care provider, agency B. Agency B was aware that another agency had declined the care package, so the Council advised agency B that agency A had given notice due to problems between Mr X and agency A. It also referred to positive aspects of the service to ensure the information was balanced. Agency B agreed to the care package. Mr X felt that sharing this information was inappropriate, but this would be expected, and the Council did this sensitively.
7. Agency B began providing a service at the end of May 2022. In the afternoon of the second day, agency B told the Council it wished to give notice on the care package. However, the care workers said they were too scared and shaken to return having been chased away by Mr X earlier. Mr X strongly objects to this account, and says he went out after them because the Council had just called to say the care workers were unhappy. He wanted to speak to them to explore and resolve the issues causing their unhappiness. The agency advised the Council that they were unable to continue with immediate effect and without negotiation. The Council tried to find cover but could not find anyone to cover at such short notice. The social worker advised the out of hours team who also tried to arrange emergency cover but were unsuccessful.
8. Mr X says nobody told him there would be no more visits. He called agency B who told him that the social worker advised them not to go back. The social worker, and the Council’s records do not support this and show that agency B refused to go in due to the care workers’ concerns about Mr X. The Council said it had hoped the out of hours team would find cover from another care agency. It understood Mr X was going to call back later but this was not Mr X’s understanding. Whatever the arrangement was, Mr X was not aware until he called agency B, that it would not be visiting that evening.
9. Mr X called the on duty social worker who returned his call just before 10pm and said there was nothing they could do since it was now out of hours. The out of hours service had tried to find an agency to pick up the service but was unsuccessful given the late notice.
10. The out of hours service does not provide care direct and advised Mr X to call 999 for any concerns about Mrs Y. These events were distressing for Mrs Y who was left without her teatime support and sitting in her chair for far longer than was appropriate. An ambulance arrived but the crew said they were unable to help. Mr X was advised to call 111 which he did. He spoke to a doctor who asked the community nursing service to visit, which they did at around 4am.
11. The following day, agency C picked up the care package though did not provide all the calls the first day. Mr X was unhappy with their service but we have not investigated this. Nine days later, agency D took over.
12. Sadly, Mrs Y died a few months later.
13. Agency B gave apparently valid reasons to end the service immediately and the Council did all it could to find appropriate support at such short notice. This was service failure and caused Mrs Y injustice as her care and support needs were not met. Unfortunately, we are unable to remedy any injustice to Mrs Y now.

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Final decision

14. I have completed my investigation and uphold Mr X’s complaint.

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Investigator's decision on behalf of the Ombudsman