Summary: We will not investigate this complaint about the residential care provided to Mrs Y. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is unlikely we could add anything to the response the complainant’s have received from the Care Provider on behalf of the Council.

The complaint

1. Mr and Mrs X complained to the Ombudsman about the residential care received by Mrs Y who is Mr X’s mother. Mr and Mrs X complained about visiting arrangements during the COVID-19 pandemic along with other aspects of the car Mrs Y received. Mr and Mrs X were also unhappy with the way their complaint has been dealt with.

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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)
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)
4. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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What I found

What happened

7. Mrs Y is a resident of a care home funded by the Council. Mrs Y has been a resident of the care home for over 15 years. In April 2022 Mr and Mrs X complained to the Care Home. I have summarised some of the key points from their complaint below.
• Failing to understand and correctly apply the latest guidance regarding visits to care homes during the COVID-19 pandemic. This included discriminating against Mr and Mrs X because they were not double-vaccinated.
• A lack of transparency about staffing levels, inadequate staffing levels, and over-reliance on agency staff.
• Mr and Mrs X not being able to visit Mrs Y in ‘the pod’ because there were not enough staff available.
• Poor communication including failing to provide updates about Mrs Y’s health, staff not noticing she was dehydrated, and telephones not being answered.
• Failing to properly pack a bag for Mrs Y when she was admitted to hospital.
• Unprofessional behaviour from the Care Home’s manager during a telephone call.
8. The Care Home responded to Mr and Mrs X. Its response included the following:
• Mr and Mrs X should not have been stopped from entering the care home because they were not double vaccinated. The care home apologised for this and said any distress was not intended. Vaccination status should and will not be a condition for any future visits.
• Staffing had been impacted because of COIVD-19 and an outbreak of Norovirus. This meant the Care Home had to rely on agency staff. Adequate numbers of staff were then available. There was no evidence the care home had operated with only four members of staff as Mr and Mrs X had suggested. The care home has an action plan for recruitment, agency staff were not a preferred option, but would need to be used at times.
• Pod visits had to be temporarily staffed because of a lack of staff due to COVID-19 and Norovirus. This should have been explained to Mr and Mrs X. The booking system and now been removed and Mr and Mrs X were free to visit at any time.
• It accepted communication with families had not been good enough and apologised. This had been discussed with the home’s new manager. It was sorry telephone calls had not been answered.
• Staff had acted appropriately in monitoring Mrs Y before her conditions swiftly deteriorated. The care home offered monthly meetings to provide updates. Mr and Mrs X would be told about any changes to Mrs Y’s health or medication.
• It was not acceptable Mr and Mrs X were given a bag with another resident’s possession when Mrs Y was admitted to hospital.
• The care home was sorry a telephone call with the manager escalated and this should not have happened. The manager would personally write to Mr and Mrs X to apologise.
9. The Council considered the Care Home’s response. It said a further investigation was not necessary and would monitor the Care Home’s performance.

Assessment

10. But we do not investigate all the complaints we receive. As explained in paragraph 2 we use our Assessment Code to decide which complaints to investigate. We consider various tests to decide whether we should investigate.
11. I understand Mr and Mrs X are concerned about the issues at the heart of their complaint. But we do not propose to start an investigation. The reasons for this are as follows:
• One of the tests we consider when deciding whether to investigate is what more we could achieve. Mr and Mrs X have received what I consider to be a proportionate and reasonable response to the main issues they complained about. Things have also now moved on. For example, the situation with COVID-19 has evolved. The Care Provider has apologised for stopping Mr and Mrs X from visiting and put new procedures in place. We could not add to this. It is therefore difficult to see what more an investigation by the Ombudsman could achieve.
• Because of the above It is unlikely we would recommend any remedies or service improvements over those already put forward.
• Mr and Mrs X are clearly unhappy with some of the Care Provider’s responses and feel some issues have not been addressed. But it is not our role to ensure every issue is addressed to a complainant’s satisfaction.
• Mr and Mrs X are unhappy with the way their complaint has been dealt with. But we will not look at complaint handling as a standalone issue. Also, legislation only requires a single stage response where the Council is responsible for arranging or funding the care. Mr and Mrs X received this from the Care Provider on behalf of the Council. Even if we investigated, we would not say there was fault.

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Final decision

12. We will not investigate Mr and Mrs X’s complaint because it is unlikely we could add anything to the response the complainant’s have received from the Care Provider on behalf of the Council.

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Investigator's decision on behalf of the Ombudsman