Summary: We will not investigate this complaint about lack of care and support provided to Ms B in her role as carer for her daughter Ms D. This is because further investigation could not add to the Council’s independent investigation into her concerns or provide her with the outcome she wants.

The complaint

1. Ms B complained to the Council about the level of care and support she received between 2019 and 2020. Ms B says:

• She found Council staff intimidating and patronising when her daughter’s, Ms D’s, respite placement broke down.
• Documents she provided were not returned in a timely manner.
• She is unhappy with the way council staff treated her, she was not listened to and felt belittled and patronized.
• Council staff laughed at her regarding her daughter’s hair braiding.
• Her daughter was left in respite care with only male carers.
• Her daughter received a poorer service at her day centre than some other clients.
• She was unable to use her Personal Assistant when support bubbles were introduced during lockdown.

2. Ms B wants the Council to compensate her for the deterioration in her health caused by its failures.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council investigated Ms B’s complaints and responded to each of her concerns. It explained it considered all records during its investigation and discussed the issues and concerns Ms B raised with relevant staff. The Council apologised Ms B felt she was not listened to, belittled, and intimidated but found no evidence to support her allegations. Ms B has explained how she felt she was treated by staff but staff recall a different perception of what was said. We could not make a different finding even if we investigated when the concerns are in connection with how a person feels or is made to feel by another.
8. We could not say the deterioration in Ms B’s health and wellbeing is because of the Council’s actions. The concerns Ms B raises happened a long time ago. Ms B says she could not come to the Ombudsman before now because of ill health and difficulties getting advocacy support. However, the Council has since completed a full independent investigation into the concerns raised by Ms B. Further investigation by us could not add to this or make a different finding.

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Final decision

9. We will not investigate Ms B’s complaint because further investigation by us could not provide her with a different outcome to that already provided by the Council.

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Investigator's decision on behalf of the Ombudsman