Summary: We will not investigate Miss X’s complaint about the actions of staff at a day centre she attended. This is because an investigation would not lead to any further findings or outcomes. In addition, we cannot achieve the outcome Miss X wants.

The complaint

1. Miss X complains about the actions of staff at a day centre she attended. She says staff had shouted at her, lied, and spread derogatory information about her.

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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:

• 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.

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

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How I considered this complaint

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

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My assessment

5. Miss X received services from a day centre. The service was commissioned by the Council to meet Miss X’s care and support needs.
6. Miss X said she suffered abuse from a staff member as they had shouted at her and then continued to antagonise her to start arguments when she attended the service. She says the service manager had believed another staff member who had lied about being present during the meeting and that a staff member had spread malicious gossip about her which affected her relationships with other service users. She also complains the service then retaliated against her for raising complaints by sending her a letter moving her on from the service.
7. The provider that ran the service investigated Miss X’s complaints as part of a wider complaint from service users of the day centre. Within this response, the provider acknowledged some staff had behaved unprofessionally and that staff actions had caused distress to some service users. An apology was given.
8. In response to Miss X’s complaint, the Council acknowledged this and agreed it was wholly unacceptable for staff to act unprofessionally towards service users in any situation. The Council also acknowledged it failed to contact Miss X to provide a direct apology and has apologised for this. This was appropriate.
9. I acknowledge neither the Council’s nor the servicer provider’s complaint response provided specific responses to the incidents Miss X complained about. However, both have recognised that some staff had acted unprofessionally and that this caused distress. The service provider appropriately put in place an improvement plan to address this, which included staff attending training on trauma informed approaches and mental health awareness. The Council also noted the staff member’s behaviour had been raised and the service provider was addressing it.
10. The Council also noted that it had agreed for the service provider to review the service users who had been accessing the service long term. It says the review letters were sent to eleven members following this. I appreciate Miss X’s view is that these letters were sent to the members who had raised complaints. However, it is not likely an investigation would lead to us making this finding.
11. Therefore, I am satisfied an investigation is not justified as it would not lead to any further findings or outcomes.
12. Further, an investigation is not justified as we cannot achieve the outcome Miss X wants. She stated she wanted the toxic staff to be removed and for wrongfully dismissed staff to be reinstated. However, we cannot make recommendations that relate to employment matters.

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Final decision

13. We will not investigate Miss X’s complaint because an investigation would not lead to any further findings or outcomes. In addition, we cannot achieve the outcome Miss X wants.

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Investigator's decision on behalf of the Ombudsman