The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council declining to provide a second care worker during a morning call to Ms X. Investigation would be unlikely to find fault in the Council’s actions.
The complaint
Miss X said the Council had wrongly refused to provide a second care worker for a morning care call to her mother Ms X.
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 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 continue an investigation if we decide. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X and the Council have both stated that the reason why Ms X requires a second person present is related to a health need. Such a need would be for the NHS to consider. We would expect the Council to assist by contacting the NHS and supporting a referral for possible continuing health care (CHC) funding. It has offered to do that.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman