The Ombudsman's final decision
Summary: We will not investigate this complaint about care provided to the late Mrs B or way the Care Provider treated some of her family members. This is because further investigation could not add to the responses already received or make a different finding of the kind Mr C wants. We could not now provide Mrs B with a remedy for any injustice caused by fault which might be uncovered during an investigation as she has passed away.
The complaint
Mr C complained on behalf of some members of the late Mrs B’s family, regarding the care Mrs B received prior to her death in February 2024, and the way some family members were treated by Mrs B’s care provider. Mr C says: Mrs B was admitted to hospital on two separate occasions within five months, the final time suffering from sepsis, dehydration, and malnutrition. The NHS advised them Mrs B was being neglected.
Some family members were not allowed access to Mrs B’s care plan.
Staff misled the family and were abrasive and ignorant towards them.
Mrs B’s care provider is not fit for purpose.
Mr C says the Care Provider did not properly respond to concerns, gave no detailed explanation into the reasons why Mrs B was admitted to hospital twice in such a short space of time, the complaint response was rubbish and bore no resemblance to the issues raised in the complaint. Mr C wants a full investigation into the complaints, and a sincere apology for the Care Provider’s failings. Mr C says he does not want another family to suffer as Mrs B’s family has.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr C says the care Mrs B received from her care provider was inadequate and resulted in her being hospitalised. The Care Provider explained what care Mrs B received which included Mr C’s concerns about admissions to hospital and pressure sore care. Both Mrs B’s care provider and the Council responsible for placing Mrs B in the home, responded to the concerns raised and further investigation by us could not add to these responses or make a different finding. Sadly, Mrs B is now deceased so we could not now provide her with a remedy for any injustice caused even if we investigated and found evidence of fault.
Mr C complained about the way some of Mrs B’s family members were treated by her care provider. The Care Provider says it worked tirelessly to support Mrs B and her family despite obvious conflicts in the family. It also said it did not refuse access to view Mrs B’s care plans and reviews, allowing family members to ask questions, were offered every six months.
Whilst clearly some members of Mrs B’s are aggrieved at the way they were treated by staff and management at the home, we cannot make a finding on a person’s perceptions about the way they are made to feel. We could not make a different finding to that already provided regarding Mrs B’s care plans and will not normally investigate complaints about inadequate complaint responses where we are not investigating the substantive matters as in this case.
Mr C says he does not want another family to suffer as they have. Mr C can ask the Care Quality Commission (CQC) who is the regulator of care providers, to consider his concerns during its routine inspections.
Final decision
We will not investigate Mr C’s complaint because we could not make a different finding to that already provided. We could not now provide Mrs B with a remedy for any fault which might be uncovered during an investigation.
Investigator's decision on behalf of the Ombudsman