Leeds City Council (24 012 139)

Category : Adult care services > Domiciliary care

Decision : Upheld

Decision date : 27 Jan 2025

The Ombudsman's final decision:

Summary: We will not investigate Miss X’s complaint about the quality of care provided to her father by his care provider. This is because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

  1. Miss X complains about the quality of care provided to her father, Mr Z, by his care provider. Her concerns relate to:
    • Medication overdose and calls not being sufficiently spread out adequately to ensure safe administration of medication.
    • Poor catheter care – bag not being changed/removed.
    • Carers not showing up for calls.
    • Poor personal care and incidents where Mr Z was left in urine.
    • Not preparing food or not feeding Mr Z appropriately.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Miss X’s father, Mr Z, received a care and support package. Miss X raised a complaint about the quality of care being provided by the care provider.
  2. During its complaint investigation, the care provider accepted that some elements of care was not provided appropriately, including calls not being adequately spaced out to ensure safe administration of medication.
  3. The care provider apologised for the faults accepted and made appropriate service improvements to address the issues identified. However, no personal remedy was offered. I am satisfied a personal remedy is appropriate in the circumstances given the faults accepted will have caused significant distress to Miss X at knowing her father did not receive appropriate care and support.
  4. We therefore asked the Council to consider remedying the injustice caused by making a symbolic financial payment of £300. The remedy is at the higher end of our range due to the seriousness of the faults accepted.

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Agreed action

  1. The Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.

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Final decision

  1. We have upheld this complaint because the Council 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

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