Overview:

Summary

The Local Government and Social Care Ombudsman investigated a complaint about residential services provided to the late Mr X. We found MOP Healthcare Limited: did not properly assess Mr X’s mental capacity after he attempted suicide; failed to process a Deprivation of Liberty safeguard application appropriately; took overly restrictive steps to deprive Mr X of his liberty by continuing 1-1 care despite his social worker and a Community Psychiatric Nurse advising less restrictive measures could be used to maintain his safety; charged Mr X an additional £2,520 a week for the 1-1 care. This meant Mr X was under constant supervision for the last 9 months of his life in Barrowhill Hall Care Home, even when on end-of-life care, due to a flawed capacity assessment. The complainant suffered significant distress and financial loss. The faults could also risk similar restrictions happening to other people.

The Ombudsman’s recommendations

We recommended MOP Healthcare Limited:

• pay the complainant £1,000 for the distress and having to bring their complaint;
• consider the costs to Mr X if it had accepted recommendations by professional staff to reduce the level of care and pay the estate (or its beneficiaries if the estate has been distributed) the difference between the two figures;
• make service improvements by reviewing its staff training and how it tracks Deprivation of Liberty Safeguards applications to the Council to prevent similar faults happening again

MOP Healthcare Limited’s response

MOP Healthcare Limited implemented our recommendations for service improvements but has not paid the financial remedy because:

• it says its actions did not cause the complainant injustice as she could have moved Mr X from the home; the restrictive measures were subsequently approved by a multi-disciplinary meeting.

Decision

We are not satisfied with what MOP Healthcare Limited has done. The complainant continues to suffer from the distress caused by its actions.

We will share this notice with the Care Quality Commission for it to use it in future inspections of the provider. Find all CQC inspection reports for MOP Healthcare Limited at MOP Healthcare Limited - Services - Care Quality Commission (cqc.org.uk)

A copy of this notice will be published on our website at www.lgo.org.uk/decisions

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