Summary: We will not investigate this complaint about the quality of domiciliary care as we cannot add to the Council’s investigation.

The complaint

1. Mr X complained about the quality of domiciliary care the Council arranged for his deceased mother, Ms Y. He said a member of Care Staff visited Ms Y when they were unwell. He believes this led to Ms Y becoming sick and dying. He said the Care Agency would not share Ms Y’s care records with him and that some Care Staff were unprofessional. He said the Care Agency’s actions had affected his mental health. He wants compensation and emotional support.

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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, or
• there is another body better placed to consider this complaint.

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

3. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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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. We will not investigate Mr X’s complaint about the domiciliary care arranged by the Council. As part of its investigation the Council reviewed Ms Y’s care records and contacted the Care Agency. It said Ms Y had kidney failure, heart failure and a suspected stroke which contributed to her death. It confirmed the Care Worker was fit to work when they were caring for Ms Y. The Council has fully investigated Mr X’s concerns. We could not add to the Council’s investigation.
7. The Council said the Care Agency had invited Mr X to view Ms Y’s care records, but he had not responded. If Mr X has any concerns about how the Council or Care Agency has responded to his request to access Ms Y’s care records, he can complain to the Information Commissioner’s Office (ICO). The ICO is best placed to deal with complaints about the management of personal information.
8. We will not investigate Mr X’s complaint that Care Staff were unprofessional. The Council has responded to Mr X’s concerns in its complaint response. I am satisfied these were properly considered. Further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

9. We will not investigate Mr X’s complaint because we cannot add to the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman