Summary: We will not investigate Mrs X’s complaint that a care provider failed to meet her mother’s care needs. She says her mother’s care plan stated support was needed with household cleaning, but her mother’s kitchen was left in a filthy state. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mrs X complains her mother’s care provider failed to meet her care needs. She says her mother’s care plan stated she needed support with household cleaning, but the kitchen was left in a filthy state.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X’s mother, Ms A, received a care package at home to meet her care and support needs.
6. If we were to investigate it is likely we would find fault. This is because Ms A’s care plans clearly outlined part of the care package was to support with cleaning as this was not something Ms A could do herself. Further, a meeting was held with the care provider, in December 2022, where the provider appeared to accept the standard of cleaning was not acceptable. It agreed to take action to improve the situation for Ms A.
7. I am satisfied the likely fault will have caused Ms A and Mrs X distress. This is because Ms A did not receive all the care and support she should have and it would have been distressing for Mrs X to have found her mother living in a poor environment.
8. We therefore asked the Council to consider remedying the injustice caused by the likely fault by making a symbolic financial payment of £200.
9. Mrs X had asked for a full refund. However, I do not consider this to be appropriate as Ms A would still have received other care and support in line with her care plan.

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Agreed action

10. To its credit, the council agreed to complete the above within four weeks of the final decision to put things right.

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Final decision

11. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman