Summary: We will not investigate Mr X’s complaint about Ms Y being discharged home without appropriate support because further investigation by the Ombudsman is unlikely to add to the Council’s response.

The complaint

1. Mr X complains on behalf of his mother, Mrs Y, who has sadly died. Mr X complains Mrs Y was discharged from hospital to a care home for 11 days and then discharge back to her home with no support. Mr X states when Mrs Y returned home, it was clear she could not manage to live independently at home. Mrs Y was unable to make it upstairs to bed and slept on the sofa. Mr X moved Mrs Y to a care home the day after being discharged home to ensure her needs were met. Mr X states Mrs Y needed 24 hours per day care, and this should be funded by the Council. Mr X would like his complaint investigated to ensure professionals are aware of what Mrs Y went through following her discharge home.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

5. The Council’s investigation confirmed Mrs Y had capacity to make decisions about her care and support when being discharged. During her 11 nights in a care home following her discharge from hospital, Mrs Y was assessed as being able to manage her own care needs and was able to manage her own mobility with aids. The Council confirmed that Mrs Y would need support to manage in her home environment and support was provided by Age UK. The Council investigation concluded Mrs Y had capacity to make decisions and requested to go home and accepted support from Age UK. It is unlikely that further investigation by the Ombudsman, could add to this response.
6. The Council confirmed the discharge was facilitated in line with Mrs Y’s wishes and the move to a care home was a private decision. Mrs Y has since died, and we could not now remedy any injustice caused to her, even if we investigated and found evidence of fault. We could not say what Mrs Y’s wishes were or say she lacked capacity to make the decision to return to her home.

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Final decision

7. We will not investigate Mr X’s complaint because further investigation by the Ombudsman is unlikely to add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman