Summary: We will not investigate this complaint about the Council’s delay in providing Mrs A with therapy or the delay in Mrs A returning to her own home. This is because further investigation could not add to the Council’s response or make a finding of the kind her daughter, Ms B wants.

The complaint

1. Ms B complained the Council failed to provide her late mother, Mrs A, with the therapy she was assessed as needing in 2021 which resulted in a decline in her health, mobility and her contracting pneumonia. Ms B says Mrs A was discharged from hospital to a care home without discussing it with her. Ms B says the Council failed to check where Mrs A lived and says she should have been referred to a council in the area where she lived. Ms B says Mrs A thought she was discharged from hospital for rehabilitation.

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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 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)

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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. The Council says Mrs A was discharged from hospital for assessment to the care home on 15 July 2021. It explained the Intermediate Care Service was closed due to Covid.
6. The Discharge to Assess team were informed on 16 July 2021 and undertook an initial assessment on 26 July 2021. It said Mrs A had been referred to her GP for pain management and the reassessment would be completed after her pain was under control. It explained there were difficulties in recruiting therapists at the time and apologised for the small delay. It explained Mrs A lived on the border of the County and whilst a referral should have been made to a different council, her GP was in its area so referred her to its services. We could not add to this point even if we investigated.
7. Mrs A’s social worker completed a review of her care needs in August 2021 and advised her period of assessment and rehabilitation was complete. The social worker explained any further stay in the care home would be chargeable and provided Mrs A with information about charging for care. The Council says Mrs A had capacity and although she was unhappy having to fund her care, did not feel she could manage at home. It offered Mrs A the choice of alternative care homes, but she decided to stay where she was. Mrs A was readmitted to hospital in September 2021.
8. We could not say Mrs A lacked capacity to make decisions for herself about staying in the home or that she should have been discharged sooner. The Council has explained Mrs A was not happy with paying for her care but did not feel she could manage at home. We could not make a different finding even if we investigated.
9. Sadly, Mrs A passed away in January 2023. If the Coroner had concerns about contributing factors to Mrs A’s death they could have initiated an investigation. We could not make a finding that if Mrs A had received the therapy she needed in 2021 she would not have contracted pneumonia or provide Mrs A with a remedy even if we investigated and found evidence of fault.

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Final decision

10. We will not investigate Ms B’s complaint because we could not add to the Council’s response or make a different finding of the kind Ms B wants.

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Investigator's decision on behalf of the Ombudsman