The Ombudsman's final decision
Summary: We will not investigate this late complaint about care provided to Ms B’s father, Mr C. This is because we could not make a finding of the kind Ms B wants or add to the information she has received. There is no good reason for us to exercise our discretion to investigate this late complaint.
The complaint
Ms B complained about the care her late father, Mr C received from his Care Provider prior to his death in 2019. Ms B is concerned Mr C did not receive appropriate medical intervention or fluids. Ms B says she was not contacted or invited to end of life planning for Mr C. Ms B says Mr C was verbally and physically abused by staff which resulted in staff being dismissed and records about contact with her are inaccurate and untruthful. Ms B says if she had been involved in Mr C care the failures he suffered may have been prevented.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The coroner recorded Mr C’s death as acute left ventricular failure. However, Ms B is concerned his death was hastened by poor care and poor decision making. Ms B says if she had been involved Mr C may not have suffered as he did. Mr C passed away in 2019. We could not make a finding that Mr C would not have passed away if Ms B had been involved in his care or planning for care at the end of his life. Further investigation by us could not make a different finding to that Ms B has received from different organisations or make a finding of the kind she wants. Additionally Mr C is now deceased so we could not provide him with a remedy for any fault an investigation might uncover.
Final decision
We will not investigate Ms B’s complaint because we could not make a finding of the kind Ms B wants or add to the information she has received. There is no good reason for us to exercise our discretion to investigate this late complaint.
Investigator's decision on behalf of the Ombudsman