The Ombudsman's final decision
Summary: We will not investigate this complaint about adult social care provision, because the injustice claimed is not serious enough to warrant our involvement and we could not add to the Care Provider’s investigation.
The complaint
Ms B complains about the care provided to her aunt, who has since died. Ms B says the Care Provider: Did not always provide female carers for intimate care, despite this being on her aunt’s care plan.
Lost some of her aunt’s personal belongings, including her engagement ring.
Held a conversation about end-of-life care in the main doorway.
Did not show them her aunt’s care plan.
Gave little communication when family was not allowed to visit during the Covid-19 pandemic.
Delayed providing a refund of care fees.
Ms B is upset the Care Provider did not send any condolences after her aunt’s death and delayed responding to concerns. Ms B says she is devastated that the Care Provider did not give her aunt due respect and consideration and says the Care Provider’s actions has compounded her grief.
The Ombudsman’s role and powers
We may investigate a complaint on behalf of someone who has died or 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) The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: any injustice is not significant enough to justify our involvement, or 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))
How I considered this complaint
I considered information provided by Ms B and the Care Provider.
I considered the Ombudsman’s Assessment Code.
My assessment
The Care Provider has investigated Ms B’s concerns, met with her twice, and accepted some fault. The Care Provider has apologised, has refunded the outstanding amount, has referred to its insurers about the missing engagement ring, and has made changes to its practices to improve service going forward.
We recognise Ms B’s disappointment in not receiving the level of service she was expecting. However, the impact is not serious enough to justify the use of public money to investigate this complaint. The Care Provider has appropriately responded to the complaints, although there was some delay, and it is unlikely we could add much further.
Final decision
We will not investigate Ms B’s complaint because the injustice she claims is not serious enough to warrant our involvement, and we could not add to the Care Provider’s investigation.
Investigator's decision on behalf of the Ombudsman