Summary: We will not investigate this complaint about adult social care in a residential care home. This is because we are unlikely to add to investigations already completed by the Care Provider and the local safeguarding authority. We are unlikely to reach a different outcome, and we cannot achieve the outcome the complainant wants as we cannot recommend dismissal of staff members.

The complaint

1. Mr F says a care worker entered the bathroom while Ms G was using the toilet, which is undignified. Mr F feels angry and distressed and wants the care worker dismissed from their role.

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The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

3. Nobody has a legal authority to act for Ms G, we have accepted Mr F as suitable to raise a complaint on her behalf.
4. We investigate complaints about adult social care providers. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the care provider, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

5. I considered information provided by the complainant, the Care Provider and the local safeguarding authority.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms G lives at Holly Bank Care Home run by James and Reuben Limited (the Care Provider). Ms G was in a bathroom and Mr F witnessed a care worker enter and exit while Ms G was using the toilet. Mr F questioned the care worker but received no response, so Mr F complained about the incident.
8. Both the Care Provider and the local safeguarding authority have investigated the incident. The outcome was the care worker was completing requirements of their job role and there is no risk to Ms G or other residents. It is unlikely an Ombudsman investigation would add anything or reach a different outcome. Also, we cannot achieve the outcome Mr F wants as we have no powers to get involved in personnel matters between an employer and employee.

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Final decision

9. We will not investigate Mr F’s complaint because it is unlikely we can add to investigations already completed, reach a different outcome, or achieve the outcome Mr F wants.

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Investigator's decision on behalf of the Ombudsman