The Ombudsman's final decision
Summary: We will not investigate Ms B’s complaint about the length of time carers stayed with her mother, Mrs D. This is because further investigation could not add to the Council’s response and we are satisfied the Council has remedied the injustice caused by fault.
The complaint
Ms B complained for 12 months prior to her complaining, carers only stayed for 10 minutes instead of the half hour they were supposed to provide care to Mrs D, her mother. Ms B says she had to install cameras to demonstrate the times carers entered and left the property. Ms B says Mrs D should not have to pay her contribution towards her care for this period and should receive financial compensation.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council investigated Ms B’s complaint. Since October 2021 the Care Provider had installed and Electronic Call Monitoring (ECM) system. Prior to that time, it could not accurately say how long carers stopped. Between October 2021 and January 2022 calls lasted between 14 and 38 minutes, averaging 25 minutes a day. The Council advised Ms B although on occasions Mrs D granted permission for her carer to leave after tasks stipulated in the Care Plan had been completed, this was not acceptable. It confirmed staff were to stay for the duration of the call time. It confirmed there was an outstanding balance of £765.14 Mrs D’s unpaid contribution towards her care from April-August 2020 and confirmed from October 2021, Mrs D would no longer need to pay a contribution towards her care package. It explained it could not offer compensation but agreed to reduce the debt to £600.
Although there was a shortfall of approximately 5 minutes in call times, Mrs D did not pay the full amount of her care package but paid a contribution towards it. We are satisfied the reduction in care charges and an apology remedies the injustice caused.
Final decision
We will not investigate Ms B’s complaint because we are satisfied an apology and reduction in the outstanding balance owned remedies the injustice caused.
Investigator's decision on behalf of the Ombudsman