Summary: We will not investigate this complaint about the standard of care provided for Mr X which was arranged by the Council. The Council has already taken appropriate action to remedy the injustice caused to Mr X and it is unlikely we would achieve anything further.

The complaint

1. Mrs Y complained that a care provider commissioned by the Council did not provide a suitable standard of care appropriate for her partner Mr X’s needs. Mrs Y wants the Council to fully refund Mr X’s fees and provide compensation.

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The Ombudsman’s role and powers

2. 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, sections 24A(1)(A) and 25(7), as amended).
3. 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, or
• we cannot achieve the outcome someone wants, or

there is no worthwhile outcome achievable by our investigation, or

• we are satisfied with the actions an organisation has taken or proposes to take.

(Local Government Act 1974, section 24A(6), as amended, section 34(B).)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X received care from Mersey Care Julie Ann (the Care Provider) which was arranged by the Council. Mrs Y complained that there were shortfalls in Mr X’s care, including the number of individual care staff visiting, duration of visits, and the care not being of suitable quality.
7. The Council investigated Mrs Y’s complaint and accepted there were some shortfalls in the care provided, including the large number of carers visiting and that some of the visits were shorter than expected.
8. The Council recognised the detrimental impact of these shortfalls on Mr X and offered to reduce the care fees by 15%, in addition to a symbolic payment of £300. Mrs Y was not satisfied this properly acknowledged the impact on Mr X and brought the complaint to the Ombudsman.
9. When we consider how to remedy injustice caused to a person, we focus on what would have happened but for any fault. Mr X would have paid his contributions to the charges for his care in any event. He has not suffered a quantifiable financial impact due to the issues raised. It therefore does not follow that the Council should fully refund him for his contributions.
10. Mr X received care, but this did not fully meet his needs at all times which is likely to have had some detrimental effect including distress. If we investigated the matter, we would be likely to make a recommendation in the same range as the Council’s offer of £300, as it is in line with the Guidance on Remedies on our website. The Council’s offer is suitable, and we could not achieve a different outcome by investigating the matter further.
11. The Council has engaged with its Quality Assurance Team to monitor and support the Care Provider to provide appropriate quality services, including reviewing staff training. I am satisfied with the action the Council has taken and proposes to take, and, in line with our Assessment Code, we could not achieve anything worthwhile by investigating the matter further.

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Final decision

12. We will not investigate Mrs Y’s complaint because the Council has already taken suitable action to remedy injustice caused to Mr X, and it is unlikely we would add to the Council’s investigation or achieve anything further.  

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Investigator's decision on behalf of the Ombudsman