Summary: We will not investigate this complaint about adult social care at home. The care provider acting for the Council has apologised for the impact of its fault and acted to improve future service. We are satisfied with the actions the Council has taken, and it is unlikely we would add anything further.

The complaint

1. Ms B says a care provider acting for the Council failed in the service it provided to her relative, Ms C. The care records show Ms C was presenting unwell in the days running up to a hospital admission, but care staff failed to tell anyone. The Council failed to properly deal with the complaint. This caused prolonged distress to Ms B.

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The Ombudsman’s role and powers

2. 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.

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

3. 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

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

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My assessment

6. Ms C was receiving care at home from EveryDay (the care provider). The care was arranged by the Council. The Council remains responsible for meeting Ms C’s adult social care and support needs, even though it has employed an agency to act for it.
7. The care provider accepts its staff failed to follow procedures, as did not contact anyone to report that Ms C was presenting unwell; this is fault. A visiting medical professional was concerned and phoned an ambulance. Ms C went into hospital and died shortly after.
8. The care provider has spoken with relevant staff and given them training to prevent future failures.
9. Ms B made a complaint. The Council will have an agreement with the care provider on how to deal with complaints. The care provider will respond on behalf of the Council. The care provider accepts it failed to follow its complaint process; this was fault. The care provider took a year to respond to the complaint, which caused Ms B unnecessary stress, time and trouble. The care provider has apologised. I note the care provider failed to tell Ms B how she could escalate her complaint, and did not signpost her to the Ombudsman; this is fault. The care provider has spoken with relevant staff and given them training to prevent future failure in service.

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Final decision

10. We will not investigate Ms B’s complaint because although there was fault by the care provider acting for the Council, we are satisfied with the actions it has now taken. We can provide no remedy to Ms C for the failure in her care. The fault has had an impact on Ms B which the care provider has acknowledged by apologising. It has taken suitable action to prevent future fault. It is unlikely an Ombudsman investigation would add anything further.

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Investigator's decision on behalf of the Ombudsman