Summary: We have ended this investigation. There was no evidence when Mr X was discharged from hospital, no evidence Mr X was left without adequate care in place when he left hospital and the Council increased Mr X’s care package. There was not enough evidence of fault to investigate further and there was nothing worthwhile we could achieve by continuing to pursue this matter.

The complaint

1. Mr X complained the Council put inadequate care in place at his home when the hospital discharged him in early July 2024. He said care was not in place and he could not access food or water which left him feeling unwell. Mr X said it left him feeling depressed. He also complained about poor Council complaints handling.

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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 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating or there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
3. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended).

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How I considered this complaint

4. I considered:
• The information Mr X and his representative provided;
• The information the Council provided; and
• Relevant law, policy and guidance set out below.
5. Mr X, his representative and the Council had an opportunity to comment on my draft decision. I considered comments received before making a final decision.

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What I found

6. Mr X lived in a Council owned flat for many years.
7. In his initial complaint to the Ombudsman Mr X said he was discharged from hospital in early July 2024 with no domiciliary care (home care) in place at his flat. He said when an ambulance took him home from the hospital he did not have fluids for two and a half days and did not eat for four days and was unwell.
8. The Council provided evidence Mr X had a new domiciliary care package in place with Provider 1. This new care package started two days after Mr X said he had returned from hospital. The case notes showed two carers visited Mr X in his flat two days after Mr X said he had been discharged from hospital and when he said no care was in place. The case note said ‘…we went to the pharmacy to get some paracetamol and also, we went to the grocery store to get him few stuffs then we headed home afterwards’.
9. Mr X’s representative later told the Ombudsman the dates Mr X referred to in his complaint were incorrect and he was unsure when he was discharged from hospital. Mr X still wanted his concerns to be investigated.
10. The Council does not have any records of Mr X being admitted to hospital in early July 2024. The Council contacted Mr X’s doctors for confirmation of any hospital admissions in July 2024 but Mr X did not give consent to his doctors to provide any hospital discharge information to the Council.
11. As part of my investigation I was unable to speak to Mr X or his representative about his complaint to fully understand his concerns or understand the dates he was discharged from hospital. It is not within the Ombudsman’s powers to ask for Mr X’s doctor’s records and find out when Mr X was discharged from hospital.
12. Mr X’s case notes stated paramedics attended Mr X’s flat in late July 2024. Mr X told the paramedics he had not been drinking for the past four days as carers had only been there twice a week. Mr X said he did not have access to the kitchen so had not eaten in the last two days. The ambulance service made a social care request and recommended Mr X received more support. The Council case notes showed it increased Mr X’s care package to daily care calls and offered increased support to Mr X.
13. Mr X also complained about poor Council complaints handling. Because I have not investigated the substantive complaint I have not considered this point further.
14. Based on the above information I have ended this investigation. I could not find out when Mr X was discharged from hospital, but the evidence shows Mr X was receiving care from Provider 1 from mid-July 2024 and his care package was increased to daily care visits in late July 2024. There was not enough evidence of fault and there was nothing more I could achieve by pursuing this matter further.

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Decision

15. I have ended this investigation. There was nothing worthwhile I could achieve by pursuing the matter further.

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Investigator's decision on behalf of the Ombudsman