The Ombudsman's final decision
Summary: We will not investigate this complaint about Mrs Y’s care at the end of her life. There is not enough evidence of fault to justify investigating, and we could not add to the investigation the Council has already carried out.
The complaint
Mr X complained the care home his mother, Mrs Y, lived in did not properly look after her and did not tell the family when she was at the end of her life. The family missed the opportunity to be with Mrs Y when she died and have experienced significant distress. Mr X also complains about the care home’s record-keeping. The family want an apology and service improvements.
The Ombudsman’s role and powers
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: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs Y stayed in a care home in early 2021. She became unwell and the family expressed concerns about her condition. The care home contacted district nurses and Mrs Y’s GP, who prescribed medication to be used in the event that Mrs Y was deemed to be at the end of her life. However, Mrs Y then passed away unexpectedly, without her family present.
The family believe the care home should have known Mrs Y was at the end of her life so they could have had the opportunity to be with her. They raise concerns about the quality of her care, given her specific needs in terms of monitoring and fluid intake. The family question the accuracy of her records which they say do not accurately represent the conversations they had with the care home at the time.
The Council examined the records held by the care home. It concluded Mrs Y’s care was satisfactory and none of the involved professionals knew Mrs Y was at the end of her life. If we investigated this complaint, we could not add to the investigation the Council has carried out. There is insufficient evidence of fault to justify an investigation.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating, and we could not add to the investigation the Council has already carried out.
Investigator's decision on behalf of the Ombudsman