Summary: We will not investigate this complaint about the care and support Ms B received from her Care Provider. This is because the Council has investigated and recommended service improvements. We could achieve no more than this even if we investigated. We could not now provide Ms B with a remedy for any injustice caused by the fault as she is deceased.

The complaint

1. Mrs C complained about the care and support Ms B received in her supported living accommodation. Mrs C raised concerns regarding Ms B’s fluid and nutrition, weight loss, inadequate record keeping, out of date food kept in fridge and meals which were uneaten and binned. Mrs C is unhappy with the Council’s response and investigation into her concerns and wants the Ombudsman to investigate.

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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. The Council undertook a full investigation into Mrs C’s concerns. It found evidence of poor practice and made recommendations. The Council said it will:

• Review their practice regarding moving to more detailed record keeping around fluid intake in situations where there may be health impacts such as constipation or confusion.
• Review health and safety arrangements and ensure all staff are clear about the proper way to discard human waste safely and appropriately.
• Remind all staff of the importance of responding to concerns and complaints in a timely and comprehensive way within [the Council’s] policy.
• Recommend linking the Extra Care Facility care plan to the Client Visit Plan with accompanying notes so that it is clearer how the tenant’s needs are met by support workers. Ensuring that all aspects of support from the assessment are included in the visit plan notes.

6. Mrs C is concerned all aspect of her complaints and concerns have not been answered but it is not the role of the Ombudsman to provide her with these answers. Our role is to remedy injustice caused to the person who suffered because of the fault. In this case sadly Ms B is now deceased so we cannot provide her with a remedy. We are satisfied with the actions taken by the Council to ensure service improvements are identified and implemented to avoid a similar occurrence in the future.

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Final decision

7. We will not investigate Mrs C’s complaint because we are satisfied with the service improvements recommended by the Council. We cannot provide Ms B with a remedy for the injustice caused by the faults because she is now deceased.

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Investigator's decision on behalf of the Ombudsman