Summary: Mr A complains about poor care provided by Mrs X’s care provider. He says the carer left her when she was in a diabetic coma and did not contact the family to let them know she was will. He also complains the care provider failed to contact the family when Mrs X continued to refuse support with personal care. We find no fault.

The complaint

1. Mrs X is represented by Mr A
2. Mr A complains about poor care provided by Mrs X’s care provider. He says the carer left her when she was in a diabetic coma and did not contact the family to let them know she was ill. He also complains the care provider failed to contact the family when Mrs X continued to refuse support with personal care.

Back to top

The Ombudsman’s role and powers

3. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
5. When considering complaints, if there is a conflict of evidence, we make findings based on the balance of probabilities. This means that we will weigh up the available relevant evidence and base our findings on what we think was more likely to have happened.
6. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

7. I spoke with Mr X and considered the information he provided.
8. I made enquiries with the Council and considered the information it provided.
9. I sent a draft decision to Mr X and the Council and considered their comments.

Back to top

What I found

10. Mrs X’s care needs are being met by a package of care delivered by a care provider.
11. In August 2021, Mrs X’s carer attended her care call at 10.00am.
12. The record of the care call detailed the following:
• The carer woke Mrs X to ask her if she wanted any help with a wash. Mrs X said no.
• The carer asked Mrs X whether she wanted the bed stripped and remade. Mrs X declined.
• The carer asked Mrs X whether she wanted any breakfast. Mrs X asked for a cup of tea. The carer made Mrs X a cup of tea and some toast.
• The carer made Mrs X a sandwich for lunch and left it in the fridge.
• All seemed okay on leaving.
13. The carer recorded leaving Mrs X’s property at 10.20am.
14. At 11.09am, Mrs X’s neighbour texted Mr A to let him know she was at Mrs X’s and that she was fast asleep. The neighbour noted she only got a couple words out of her but would go back upstairs in a bit.
15. Mrs X’s neighbour called an ambulance for Ms X as she found her in a poor state as she was soiled with faeces and had vomit in her hair. Mrs X was taken to hospital by ambulance at around 4.00pm.
16. Mr X complained to the Council as he felt the carer had left Mrs X while she was having a medical emergency and left her in a poor state.
17. In November 2021, the Council interviewed the carer about the care call. The carer confirmed there was no evidence of any vomit, faeces, or urine on Mrs X. The carer also confirmed at no point during the care call did they consider Mrs X required medical support. The carer confirmed if she thought Mrs X needed medical support, she would have contacted the doctor.

Analysis

18. Mr A said the carer left Mrs X while she was having a medical emergency and that it was not possible for Mrs X to get into the condition she was in between the time the carer left and the time the neighbour visited.
19. Records show the carer left Mrs X’s property at 10.20am. Mrs X’s neighbour texted Mr A at 11.09am to note she had seen Mrs X. Even allowing Mrs X’s neighbour some time to attend to the house before sending the message, there was still a time gap of at least 30 minutes in between the carer leaving and the neighbour arriving.
20. On balance, we are satisfied this was enough time for Mrs X to have had her medical emergency and to have soiled and vomited on herself. Therefore, we do not consider it likely, on balance, the carer left Mrs X in a poor condition.
21. As we do not consider it likely the carer left Mrs X in a poor condition, there was any fault with the carer in not contacting the family to tell them Mrs X was ill. This is because the carer had no reason to believe Mrs X needed any medical support during her visit.
22. Finally, there is no record Mrs X’s family requested the care provider contact them when Mrs X refused support. Therefore, we do not consider there was any fault.

Back to top

Final decision

23. I find no fault. Therefore, I will complete my investigation.

Back to top

Investigator's decision on behalf of the Ombudsman