The Ombudsman's final decision
Summary: We will not investigate Mrs B’s complaint about care and support provided to her late mother Mrs C. This is because we could not add to or make a different finding to that already provided to Mrs B by the Council. Mrs C is now deceased, so we could not provide her with a remedy for any injustice caused by fault which might be uncovered during an investigation.
The complaint
Mrs B complained on behalf of her late mother Mrs C. Mrs B says Mrs C received poor care between June and July when she was placed in a care home by the Council without proper communication with family members. Mrs B says concerns she raised were ignored and mismanaged and the family felt they had no other choice but to move Mrs C to another care home. Mrs C moved in July where her overall health improved until sadly she passed away in December. Mrs B complained food in the care home was poor, record keeping was inadequate and there were inaccurate records of what Mrs C ate and drank. Mrs B says Mrs C was kept in bed most of the day and some staff members were uncaring and untrained. Mrs B says she should not have to pay for poor care the Council is now requesting payment for.
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
The Council explained Mrs C had capacity and wanted to be discharged from hospital to the care home but apologised for the gap in communication with family members. It explained what happened and further investigation by us could not provide her with a different outcome.
We could not now provide a remedy to Mrs C for any injustice caused by fault which might be uncovered during an investigation as sadly she has passed away. The Council has explained it has processes in place to follow up and monitor any disclosures, but safeguarding was not required in Mrs C’s case as she had moved and was no longer at risk. We could not add to this.
I understand Mrs B has advised the Care Quality Commission (CQC) of her concerns regarding the care home. The CQC as regulator of care providers can consider Mrs B’s concerns when undertaking its inspections.
It is the responsibility of the executor to collect the assets, pay any debts and use the resulting balance to distribute to any beneficiaries The Council has provided a statement of what the outstanding balance comprised of and informed the representatives about the outstanding debts at the date Mrs C died.
Mrs B says she should not have to pay the Council’s invoices. If executors disputing the existence of a particular debt they can refuse to pay and defend any court proceedings against them.
Final decision
We will not investigate Mrs B’s complaint because we could not add to the Council’s response or make a different finding of the kind she wants.
Investigator's decision on behalf of the Ombudsman