Summary: We will not investigate the Council’s handling of the complaint from Mr X and Mrs Y related to their care needs. This is because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. Most of the issues raised are premature and the Council should investigate before we consider. The remaining issues, concerning marks on their property and damage to an oven by a carer, are for a court as the courts are best placed to consider claims for damages.

The complaint

1. In summary, Mr X (on behalf of himself and Mrs Y) complains of several issues originating in their dissatisfaction with the Council’s arrangement and provision of their care services. These issues range from damage to their property, carers actions and also the way the Council has handled their case.
2. Mr X says they are simply looking to take up their rights to care services, that they are entitled to, as having paid taxes for many years.

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The Ombudsman’s role and powers

3. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

6. I considered information provided by the complainant including during a telephone call.
7. I applied the Ombudsman’s Assessment Code.

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My assessment

8. As discussed with Mr X, most of his complaint issues raised with the Ombudsman are premature as they have not been investigated by the Council. While Mr X says he did raise them and the Council failed to respond, I still consider that the Council should investigate first due to the number and breadth of issues raised by Mr X. In any future complaint to the Ombudsman, we can consider if the Council ignored Mr X’s initial approaches to it, if he firstly exhausts the Council’s complaints procedure. So, we will not investigate most of the complaint Mr X has raised with us.
9. The Council did investigate Mr X’s allegations of damage by carers to his property. It found it was unable to determine whether carers were responsible. It wrote that cleaning the oven was not a task assigned in either Mr X’s or Mrs Y’s care plan. It has reminded carers not to carry out such work. In terms of the complaint about greasy marks left on walls and handrails by carers, apparently caused by cream on the gloves used by carers, this has been denied by carers. The Council did not uphold Mr X’s complaint.
10. We will not investigate this part of the complaint either because the matter of liability for damages is usually decided in the courts. It is reasonable for Mr X to take the matter to the small claims court. The court is best placed to decide if the Council is liable for the damage and if Mr X is entitled to claim any repair costs.

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Final decision

11. I will not investigate. This is because most of Mr X’s complaint is premature and also it is reasonable to expect Mr X to go to court to decide the Council’s liability for the property damage.

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Investigator's decision on behalf of the Ombudsman