19. Before we decide whether to investigate a complaint, we should consider attempting a resolution where it appears that, with minimal intervention, we could achieve a satisfactory resolution outcome for the complainant.
20. Mrs N told us she remained devastated that the Trust did not issue a statement acknowledging its mistakes. Ms N told us she wanted a formal apology from the Trust which recognised the impact of its failings.
21. Our Principles for Remedy outline our expectations for organisations. We expect an organisation to acknowledge mistakes and apologise for the impact these mistakes had.
22. In October 2024 we wrote to the Trust to ask it to consider Mrs N’s request for a formal apology for the failings identified by the coroner and recognition of the impact these failings caused.
23. The Trust responded to Mrs N’s request in the same month. Within its response it acknowledged the concerns raised by the coroner and apologised for the impact this had on Mrs N’s family. It said it recognised there were elements of Mrs H’s care which could have been better, and it was sorry for this.
24. We appreciate the impact of these events on Mrs N. We are pleased to see the Trust has apologised for its actions. We consider the Trust’s apology is in line with our Principles for Remedy and what we would expect to see from an organisation when it has made mistakes. As this was one of the outcomes Mrs N wanted for her complaint to us, we think this resolves this part of her complaint.
25. As we have explained above, we may choose not to investigate a complaint if we do not think we can do a practical investigation or reach a suitable conclusion. We also consider whether there is another organisation better suited to consider a complaint
26. During our discussions Mrs N told us she is not reassured by the Trust’s reply to the coroner and the action plan it has produced in response to the concerns raised during her mother’s inquest. Mrs N told us her view that the Trust’s action plan does not fully address its failings. She said that within its action plan, the Trust has referred to keeping systems in place which failed her mother.
27. The Care Quality Commission (CQC) is an independent regulator of healthcare in England. It aims to make sure health and social care services give people safe, effective, compassionate, high-quality care and it encourages these services to improve. It inspects services and uses information provided by members of the public about their experiences of care and those of their family in its monitoring of services. It can take regulatory action when safety standards are not met.
28. Based on the outcomes Mrs N is seeking we think her complaint is better suited for the CQC. This is because the CQC can do inspections on care providers and discuss concerns or put conditions on how a service operates. These actions can result in service improvements being recommended.
29. When we investigate a complaint and find failings we will usually write to an organisation and ask it to come up with its own action plan to ensure such failings are not repeated. We also ask it to share a copy of this with the CQC to take into account in its monitoring of services. While we consider whether action plans address the failings we identified, we do not have a role in monitoring the effectiveness of action plans and we do not direct organisations to take specific improvement actions.
30. We have explained this position to Mrs N and that we are not best placed to consider her concerns about the Trust’s action plan. For this reason, it seems more suitable the CQC consider Mrs N’s concerns at this time.
31. We understand the complaint is very important to Mrs N and commend her for all her hard work pursing this. We are very grateful to her for bringing these concerns to our attention.