The Ombudsman's final decision
Summary: We will not investigate this complaint about Mrs B’s Care Provider giving notice to quit. This is because further investigation could not add to the Care Provider’s responses.
The complaint
Mrs C complains on behalf of her parents Mr and Mrs B. Mrs C says the Care Provider terminated their care packages without consultation or warning stating Mr and Mrs B were challenging. Mrs C says the Council should not commission care from this Provider and ensure all tasks are carried out in line with the care plan.
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 Council arranged Mrs B’s care for her. Mr B’s care was arranged under a private arrangement between him and the Care Provider.
The Care Provider telephoned the Council to say it was terminating the contract it had with it regarding Mrs B’s care package and would also be terminating Mr B’s contract. It said it could not manage Mr and Mrs B’s behaviours who were challenging and unhappy with the care provided. It said one carer had refused to return but would continue to provide care as best it could until another provider could be found. Mrs C confirmed a different provider was sourced and is now providing care to Mrs B.
Mrs C complained about the way the contract had been terminated and disputed Mr and Mrs B were challenging. Mrs C complained carers refused to do tasks identified in the care plan such as cleaning. Mrs C says one particular carer would make a bed but would not wipe the top of the fridge, washing machine or dishwasher. Mrs C says the carer was rude to visitors which embarrassed Mr and Mrs B.
The Care Provider responded to Mrs C complaints. It advised it has not had any other complaints about this particular staff member and had no concerns about her working practices. It said it was shocked at Mrs C’s comments and said it will speak to the carer about the issues Mrs C had raised. It apologised for the distress and upset caused.
Mrs C remains unhappy and has asked the Ombudsman to consider her complaint further. We could not add to this even if we investigated. We could not make a finding on the perceptions of people or say there is any fault with the actions of the Care Provider in terminating the package of care to Mrs C. The Care Provider told the Council it was terminating the package but agreed to continue to provide care until a different Care Provider could be found. Mrs C was not left without care during this period.
Final decision
We will not investigate Mrs C’s complaint because we could not achieve a different outcome to that already provided.
Investigator's decision on behalf of the Ombudsman