Summary: We will not investigate Mrs B’s complaint about care provided to her late aunt, Mrs C. This is because further investigation could not make a finding of the kind Mrs B wants. Mrs C is now deceased so we could not provide her with a remedy even if we investigated and found evidence of fault.

The complaint

1. Mrs B complained her aunt’s, Mrs C’s, care provider should have called for medical help sooner than it did. Mrs B says the rapid decline in Mrs C’s health should have been monitored closely. Mrs B says Mrs C was admitted to hospital with untreatable kidney damage through lack of hydration. Mrs B says the home should be accountable for contributing to Mrs C’s death and wants a full investigation into her case so this does not happen to another family.

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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 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)

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How I considered this complaint

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

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My assessment

5. We could not make a finding that the Care Provider contributed to Mrs C’s death. Only a coroner can determine this and if concerned open an investigation into the cause of death. The paramedics and health care professionals who, Mrs B says were unable to treat Mrs C because of the lack of hydration, could have raised a safeguarding concern with the Local Authority, if they were concerned any presenting health needs were untreatable due to the actions of a care provider.
6. The role of the Ombudsman is to remedy injustice caused by fault, however in this case Mrs C is now deceased so we could not provide her with a remedy even if we investigated and found evidence of fault.
7. Mrs B says she does not want another family to go through a similar experience. The Care Quality Commission (CQC) is the regulator of care providers. Mrs B can ask the CQC to consider her concerns regarding the responses she says are not a true or honest reflection of what happened, and her belief that the Care Provider is covering up and protecting staff.

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Final decision

8. We will not investigate Mrs B’s complaint because we could not make a finding of the kind she wants or remedy any injustice caused to Mrs C as a result of the Care Provider’s actions.

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Investigator's decision on behalf of the Ombudsman