Summary: We will not investigate this complaint about the Care Provider’s contingency plans should the lift in one of its care homes not be available. This is because there is not enough evidence of fault and it is unlikely we could add anything to the response the complainant has already received.

The complaint

1. The complainant, Mrs X, complained about the Care Provider’s contingency plans should the lift in one of its care homes not be available. Mrs X’s mother is a resident of this care home.

Back to top

The Ombudsman’s role and powers

2. 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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Care Provider.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mrs X has complained to the Care Provider following repeated breakdowns of the single lift in the care home in which her mother is a resident. Mrs X complained there was a lack of alternatives when the lift was not working. Mrs X said the frequent breakdowns had left her mother trapped in her room and unable to attend important appointments.
6. In its responses to Mrs X the Care Provider has explained the recent issues with the lift. It has set out details of the contractors it has available to repair the lift and to inspect it regularly. The Care Provider has explained why it cannot install a second lift. It offered to move Mrs X’s mother to an upgraded room on the ground floor, without charge, or to provide details of other nearby homes with more than one lift. It has also now arranged for a stair lift to be used should the lift not be available and has trained extra staff in how to use the stair lift.
7. I understand Mrs X’s frustrations, but we will not start an investigation into her complaint. This is because it is unlikely we could say the recent breakdowns are a result of fault by the Care Provider. It has provided what I consider to be proportionate and reasonable responses to Mrs X’s complaints. Also, it is not for the Ombudsman to say what arrangements care providers should have in place to deal with situations such as a lift not being available. This a decision for individual settings. But the Care Provider has offered alternatives to Mrs X and her mother and has introduced changes to try and mitigate the impact of any future breakdowns. It is unlikely we could add anything to the Care Provider’s response and so we will not investigate.

Back to top

Final decision

8. We will not investigate Mrs X’s complaint because there is not enough evidence of fault and it is unlikely we could add anything to the response the complainant has already received.

Back to top

Investigator's decision on behalf of the Ombudsman