The Ombudsman's final decision
Summary: We will not investigate this complaint about an incident involving care staff at Ms B’s home. This is because further investigation by the Ombudsman could not make a different finding to that Ms B has already received.
The complaint
Ms B complained she was falsely accused of having machetes and knives in her property which were not adequality stored. Ms B says care staff plotted against her and the false accusation has caused additional stress and a deterioration in her health. Ms B says carers do not speak English and leave her flat untidy. Ms B says the Care Provider should be punished for setting up a vulnerable client.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Care Provider and the Council responded to Ms B but she remains unhappy and has asked the Ombudsman to consider her complaint.
Ms B says she has never had machetes in her property and the allegation is untrue and has caused her stress. The Council says staff recorded this incident in the logbook and the Care Provider interviewed the staff member concerned. The Care Provider acknowledged the claims were made in acrimonious circumstances and the allegations had upset Ms B. However, we could not make a finding on this point because we were not in the property at the time carers alleged they saw knives and machetes.
Ms B says carers shout at her and leave her flat untidy. The Care Provider says Ms B has had opportunities to raise these concerns during courtesy calls, but she has not done so. It has also offered to arrange meetings to discuss these allegations, but Ms B has declined. The Council apologised for the stress Ms B has experienced and further investigation could not add to this.
Final decision
We will not investigate Ms B’s complaint because further investigation by the Ombudsman could not make a different finding of the kind Ms B wants.
Investigator's decision on behalf of the Ombudsman