The Ombudsman's final decision
Summary: We will not investigate this complaint about the care the complainant’s husband received and the Council’s response to her complaint. We would not be able to add anything significant to matters already investigated.
The complaint
The complainant, Mrs B, complained about the care her husband received while he was living in a care home and the Council’s response to her complaint.
The Ombudsman’s role and powers
We have powers to investigate adult social care complaints. Where local councils arrange or commission care services from social care providers, we can treat the actions of the care provider as if they were the actions of the council. (Part 3 Local Government Act 1974; section 25(6) & (7) of the Act) 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, 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))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs B told us, although she is heartbroken to have lost her husband, Mr B, she wanted to pursue her complaint for the sake of other residents. She also sought advice about the payment of an invoice the Council sent to her.
The Care Quality Commission (CQC) is the statutory regulator of care services. It keeps a register of care providers which meet the fundamental standards of care, inspects care services, and reports its findings. It can also enforce against breaches of fundamental care standards and prosecute offences.
Mrs B reported her concerns about the care home to the CQC. The CQC has recently inspected the home and published a report about it. It explained to Mrs B how it would use her information but said it could not take up a formal complaint on her behalf. The CQC referred Mrs B to us.
In this case the Council commissioned the care provided to Mrs B’s husband so it has investigated Mrs B’s complaint. The Council’s investigating officer spoke to Mrs B and the home’s registered manager. The officer considered the information the home had provided from its records. Mrs B had complained the home delayed taking appropriate action after her husband became ill while she was visiting him. A care home nurse came to check Mr B. Mrs B told us a doctor visited her husband on the following day but his condition became worse. She sought medical advice. According to the care home’s records it also sought medical advice and a doctor then arranged for Mr B to be admitted to hospital.
The evidence from the care home’s records show it had sought medical advice and medication for Mr B had been prescribed. Mrs B has highlighted errors in the Council’s response to her complaint, for example with the dates it referred to in its letter to her. But these errors are not issues that fundamentally call into question the Council’s findings. There is nothing to suggest the Council’s investigation was flawed in other respects. In those circumstances we would not question the outcome of the Council’s investigation. We would not be able to add anything significant to the Council’s investigation.
Mrs B has raised the issue of the invoice she received from the Council for the period after the date when she told us she had asked the care home if her family could collect Mr B’s belongings. Issues such as the notice to be given when a contract with a care home is ended and the amount to be paid are contractual matters which would be included in Mr B’s placement agreement. This is not an issue on which we can adjudicate.
Final decision
We will not investigate Mrs B’s complaint because we would not be able to add anything significant to matters already investigated.
Investigator's decision on behalf of the Ombudsman