Summary: Mrs X complains Tremona Care Home (run by B & M Investments Limited) failed to tell her there was an outbreak of COVID-19 until after she had taken her mother, Mrs Y, there for a respite break. She says this resulted in extra expenses making alternative arrangements for her mother and flying out to join her family. The care provider accepts the Care Home should have told them about the outbreak before Mrs Y went to stay there. This caused injustice to Mrs X through the cost of rearranging her holiday plans. The care provider needs to apologise and pay financial redress.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complains Tremona Care Home (the Care Home) failed to tell her there was an outbreak of COVID-19 until after she had taken her mother there for a respite break. She says this resulted in extra expenses making alternative arrangements for her mother and flying out to join her family.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. If they have caused an injustice we may suggest a remedy. (Local Government Act 1974, sections 34 B, 34C and 34 H(3 and 4) as amended)
3. This complaint involves events that occurred during the COVID-19 pandemic. The Government introduced a range of new and frequently updated rules and guidance during this time. We can consider whether the care provider followed the relevant legislation, guidance and our published “Good Administrative Practice during the response to COVID-19”.

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How I considered this complaint

4. I have:
• considered the complaint and the documents provided by Mrs X;
• discussed the complaint with Mrs X;
• considered the comments and documents the care provider has provided;
• considered the Ombudsman’s guidance on remedies; and
• shared a draft of this statement with Mrs X and the care provider, and taken account of the comments received.

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What I found

Key facts

5. Mrs X’s mother, Mrs Y, lives with her family. Mrs X arranged for her to stay in the Care Home from 15 August for a respite break while the family went on holiday.
6. On 11 August the Care Home recorded an outbreak of COVID-19, having identified two cases. It tested all the residents and reported the outbreak to Public Health England and Hertfordshire County Council.
7. Mrs X took her mother to the Care Home on 15 August. When she returned the next day the Care Home told her 11 people had tested positive for COVID-19 and four staff were isolating. It said the first positive case had been on 12 August.
8. Mrs X took her mother home as she did not want to leave her in the Care Home when there was an outbreak of COVID-19. Her family flew out on holiday on 17 August. Mrs X could not go with them until she had made alternative arrangements for looking after her mother. She arranged live-in support for her mother, which cost a lot more than the Care Home.
9. Mrs X flew out to join her family on 18 August, incurring extra costs of £243.
10. She complained to the care provider on 22 August.
11. When the care provider replied to her complaint in September, it:
• agreed the Care Home had failed to tell Mrs Y about the outbreak of COVID-19 before she went to stay there, and apologised;
• said the Care Home denied saying residents did not have to self-isolate, but advised that some resident with dementia found it hard to isolate and may be met in the corridor;
• said care homes did not have to close to admissions during an outbreak of COVID-19; and
• agreed to refund £2,135.71 for the time Mrs Y was not in the Care Home.

Did the care provider’s actions cause injustice?

12. There is no dispute over the fact that the Care Home should have told Mrs X about the outbreak of COVID-19 before she took her mother there. If it had done so, it is clear she would not have taken her mother there. It also seems likely she would have been able to make alternative arrangements for her mother’s care without having to rearrange her holiday plans and incurring additional costs. Mrs X says she would also have been able to make cheaper arrangements for her mother’s care. However, there is not enough evidence to support that claim, as she would still have been making the arrangements at short notice.

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Recommended action

13. I recommended the care provider within four weeks:
• writes to Mrs X apologising for the injustice caused by the failure to tell her about the outbreak of COVID-19 before she took her mother to stay there, refund the additional costs (£243) and pay her £150 for the inconvenience caused; and
• provides evidence to show that it has taken action to ensure that in similar circumstances the Care Home would tell all the relevant people about an outbreak of COVID-19.
14. The care provider has agreed to do this. It should provide us with evidence it has complied with the above actions.
15. Under the terms of our Memorandum of Understanding and information sharing protocol with the Care Quality Commission, I will send it a copy of my final decision statement.

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Final decision

16. I have completed my investigation on the basis the Care Home’s actions have caused injustice which requires a remedy.

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Investigator's decision on behalf of the Ombudsman