Summary: The Ombudsman will not investigate Mrs B’s complaint about care provided to her deceased friend and neighbour Mrs C between March and April. This is because it is unlikely that further investigation would be able to provide Mrs B with a different response to that she has been given or one that she wants.

The complaint

1. Mrs B complains the estate of her deceased friend should not be required to pay for care she says was unsatisfactory. In addition Mrs B says she was advised Mrs C should have received six weeks of free care.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I discussed the concerns with Mrs B and considered the information and documentation she and the Council provided. I sent Mrs B a copy of my draft decision for comment.

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What I found

4. The Council assessed and arranged a package of care for Ms C when she was discharged from hospital. The care provider delivered Ms C’s care package between 20 March and 10 April when Ms C was readmitted to hospital.
5. Mrs B, Mrs C’s neighbour and Power of Attorney advised the Council Ms C had over £23250 and did not need to complete a financial assessment.
6. Mrs B complained to the care provider on 1 July 2020 about the care Mc C received between March and April.
7. Mrs B says she was told Ms C was entitled to six weeks free care and assumed the package was part of the free care. She only realised the care was chargeable when she received the invoices. Mrs B says on 28 March Ms C fell out of bed and asked the carer to get her. She says the carer said she did not have time and left Ms B on the floor. Mrs B says she lifted Ms C. Mrs B also says care records were left blank and when eventually completed, there was no record of the incident. Mrs B says she had to put Ms C on the commode because she was left in wet pads all day. Mrs B says on 8 April a carer arrived at 11.30am and left at 11:42 and the following day called for Mrs C’s help as she was unable to get Ms C out of the chair. Mrs B says Ms C pleaded with her get rid of the carers but she decided to wait until after the free six weeks had finished.
8. The care provider investigated Mrs B’s complaints. It said carers ensured they spent the allocated time with Ms C, provided personal care and ensured she was left comfortable. Carers said there was never a time Ms C was left on the floor or that she was lifted by only one carer. The carer said on 28 March she arrived at 7:40 and found Ms C struggling to get out of bed and visibly afraid. Ms C asked the carer to call Mrs B. The carer says she calmed Ms C and assisted her with the aid of her walker to get out of bed and into the chair as she did each morning. The carer confirmed she had never picked Ms C up from or left her on the floor. The carer says she recorded in the logbook how she had supported Ms C and assisted her to the chair. Carers said throughout the time they provided care to Ms C, her neighbour had not spoken to them about any concerns. A different carer who provided care from 7-10 April said when she arrived on 7 April Ms C had already opened her bowels. She cleaned her up and provided personal care as required.
9. There are discrepancies in the views of Mrs B and Ms C’s care provider’s account of what happened, which no amount of investigation could uncover now. There is no record of what Mrs B alleges happened regarding the fall. The Ombudsman could not make a finding on what happened when he was not there and there is no record of the events alleged.
10. Mrs B says she was told Ms C was entitled to six weeks free care.
11. The Care Act 2014 explains a councils duty to provide care a person it assesses as needing care and provides statutory guidance on what it can charge for:

https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance#charging-and-financial-assessment

12. I have not seen any evidence that Mrs B was told Ms C’s care would be free of charge. In the absence of this, there is no fault with the Council charging Ms C for care it provided.

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Final decision

13. The Ombudsman will not investigate this complaint. This is because it is unlikely that further investigation would be able to provide Mrs B with a different response to that she has been given or one that she wants.

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Investigator's decision on behalf of the Ombudsman