Summary: We will not investigate this complaint about staff behaviour at a care setting providing adult social care on behalf of the Council. This is because the police have already investigated the incident and they are best placed to investigate intimidation and assault. An Ombudsman investigation would not lead to a different outcome and cannot achieve the outcome the complainant wants, as we cannot get involved in staffing matters.

The complaint

1. Mr B says Select Lifestyles Limited, a Care Provider acting on behalf of the Council, was unprofessional and threatening. Mr B says the Care Provider’s actions have caused him distress. Mr B wants the Care Provider to consider if the staff are suitable employees and confirm it lied about getting a statement from his friend.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
3. In this case Select Lifestyles Limited (the Care Provider) provide adult social care services on behalf of the Council.
4. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

5. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

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

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My assessment

8. Mr B says when visiting someone, members of staff intimidated and assaulted him. The police have investigated the incident; they are the right body to investigate assault.
9. The Care Provider has investigated and gathered witness statements, and says the various accounts differ from Mr B’s version of events. It says it also has a statement from the person Mr B was visiting, which Mr B disputes. It would not be a good use of the Ombudsman resource to investigate solely to find out if the Care Provider did get a statement from Mr B’s friend. That would not lead to a different outcome, as the Care Provider also has statements from several people who were present at the incident. The Ombudsman cannot find out which version of events is correct.
10. The Ombudsman also cannot achieve the outcome Mr B wants. The Ombudsman cannot get involved with staffing issues. It is for the Care Provider to decide if it needs to take any disciplinary action about its employee’s behaviour.

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Final decision

11. We will not investigate Mr B’s complaint because investigation would not lead to a different outcome, and we cannot achieve the main outcome Mr B wants.

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Investigator's decision on behalf of the Ombudsman