Summary: We will not investigate Ms B’s complaint about the actions of her late father’s, Mr C’s care provider. This is because any further investigation could not provide Ms B with a different outcome to that she has received from Mr C’s care provider.

The complaint

1. Ms B complained to her late father’s, Mr C’s, care provider about the care he received when he was nearing the end of his life. Ms B says the care provider failed to follow medical advice about turning him and caring for his pressure sores, exacerbated his anxieties when it cut off his pyjamas, did not complete skin bundle forms regularly, did not know Mr C was dying and needed end-of-life care, behaved unprofessionally and aggressively towards her mother Mrs C.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers. 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 could add to any previous investigation by the care provider, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

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

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What I found

4. Ms B complained about the care and communication Mr C and his family received from his care provider.
5. Ms B says carers did not know Mr C was at the end of his life. The care provider says although it was not confirmed Mr C was at the end of his life, it would not have affected the care he received and enabled him to remain in his home.
6. Ms B complained that Mr C was very distressed when carers cut of his pyjamas and should have left him to calm down. The care provider explained Mr C’s carers were providing care when he urinated and became distressed. They attempted to remove his pyjamas, but he became increasingly agitated. Mrs C was also distressed and was taken out of the room. Mrs C provided the carers with scissors so they could cut Mr C’s pyjamas and provide him with appropriate care. While it is understandable this was a distressing situation, we could not say carers should have left Mr B without care in this situation.
7. Ms B says carers did not follow medical advice regarding his care needs and did not turn him regularly or complete skin bundle forms. The care provider says there appeared to be different processes for record keeping with separate organisations and although Ms B was concerned the previous days form had not been completed, it was confirmed there was a skin bundle and a form should be competed every day. We will not investigate this point. Any injustice caused from the care provider’s failure to complete the form was Mr C’s and, sadly, as he has since died, there is now no suitable remedy to any fault an investigation might uncover.
8. Ms B says Mr B was prescribed Oramorph to be taken as and when necessary, but carers tried to encourage Mrs C to give it to him every four hours. The care provider says when the prescription was collected staff asked if they should give Mr C a dose and Mrs C agreed. Further to Ms B’s contact the following day requesting only Mrs C administer the medication, carers no longer gave Mr C his medication. I have not seen any evidence that either Mr or Mrs C were caused a significant injustice because of the care provider’s actions.
9. Ms B says the care provider was arrogant and dismissive. The care provider says it discussed this with the relevant staff members and whilst it did not dispute Ms B’s perceptions, it found no evidence to substantiate these allegations. We could not add to this or make a finding on what was perceived in discussions when we were not present. The care provider apologised to Mrs C and her family regarding their perceptions of staff attitude and we could achieve no more than this.

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Final decision

10. We will not investigate this complaint. This is because any further investigation could not provide Ms B with a different outcome to that she has received from Mr C’s care provider.

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Investigator's decision on behalf of the Ombudsman