Summary: We will not investigate Ms B’s complaint about domiciliary adult social care. This is because it is unlikely we could add to the Care Provider’s investigation or reach a different outcome.

The complaint

1. Ms B says the Care Provider failed in its service to her father, Mr C. Ms B says the Care Provider:
• Only gave Mr B one shower in seven months, and said they had no time to assist with a shower.
• Did not get Mr C dressed and out of bed.
• Only provided tea and toast for breakfast.
• Did not tell the family when they found Mr C on the floor.
• Did not stay for the allotted time.
• Did not seek medical assistance when Mr C was unwell.
• Did not adequately deal with Ms B’s complaints.
2. Ms B feels the Care Provider neglected her father.

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The Ombudsman’s role and powers

3. 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:

• the action 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 care provider, or
• it is unlikely further investigation will lead to a different outcome.

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

4. We cannot provide a remedy for personal injustice to someone who has died.

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How I considered this complaint

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

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My assessment

7. Mr C was receiving care at home from Dependable Care (the Care Provider). Mr C died earlier this year.
8. The Care Provider has responded to Ms B’s complaint and says Mr C chose whether to have a shower, whether to stay in bed, and what to eat. The Care Provider could not force Mr C to do things he did not wish to do, and Mr C had capacity to make those decisions about his care.
9. The Care Provider says its care records do not show it found Mr C on the floor as alleged by Ms B. It says on the day Mr C went to hospital there was no reason for the care worker who visited that morning to seek medical assistance as there was no reason to suspect Mr C was unwell. Mr C told the care worker he was tired but made no mention of feeling unwell.
10. The Care Provider says when Ms B made complaints verbally it asked her to put them in writing, but she did not do so. That is why it did not take her complaints further.
11. It is unlikely the Ombudsman would find evidence of fault here. Given Mr C’s choices the care calls did not last the allotted time because Mr C was choosing not to have all tasks completed and therefore the care worker could leave. Though Ms B might dispute this, it is unlikely we could find conclusive evidence to support a finding of fault. Even if we did, any significant injustice would be to Mr C, and we cannot provide any remedy to him.

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Final decision

12. We will not investigate Ms B’s complaint because it is unlikely we could add to the Care Provider’s investigation or reach a different outcome.

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Investigator's decision on behalf of the Ombudsman