Summary: We will not investigate this complaint about Adult Social Care because we are satisfied with the actions the Care Provider has taken and we could not add to any previous investigation by the Care Provider

The complaint

1. Miss Y complained the Care Provider failed to update her, as a joint power of attorney for her father, on his health following an infection and a fall, and instead only updated the other person with power of attorney.
2. Miss Y says she feels very upset and worried by the issue and is concerned her father may become ill without her being made aware.

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The Ombudsman’s role and powers

3. 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 we could not add to any previous investigation by the organisation, or there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

5. I considered information Miss Y and the Care Provider provided and the Ombudsman’s Assessment Code.

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My assessment

6. The Care Provider admitted fault during its own complaint handling and agreed that Miss Y should have been kept updated on her father’s health as she held a power of attorney.
7. The Care Provider agreed to remind staff of this arrangement and that any falls or illness needs to be reported to Miss Y as well as the other person with a power of attorney. It has agreed to write this on her father’s case file and handover sheet to ensure this is not missed again. It has also confirmed that it will remind staff not to update Miss Y by email in future and that her preference is to be updated by telephone.
8. As the Council has properly considered and investigated the complaint and its impact, and has taken steps to prevent the recurrence of this issue, it is unlikely the Ombudsman would be able to add to the original investigation. Further, the Council has offered a proportionate and appropriate remedy for the injustice caused by its fault by acting to prevent future issues, giving reminders to staff and confirming with Miss Y that communication has now improved and apologised for the upset caused by the fault. Consequently, it is unlikely further consideration of this complaint would lead to a different outcome.
9. As the remedy already provided is proportionate and in accordance with our guidance on remedies, we are satisfied with the actions taken by the Care Provider and will not investigate this complaint.

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Final decision

10. We will not investigate Miss Y’s complaint because we are satisfied with the actions the Council has taken and we could not add to any previous investigation by the Council.

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Investigator's decision on behalf of the Ombudsman