Summary: We will not investigate this complaint about poor care provided to the late Mrs B. This is because we could not make a finding of the kind Mr C wants or remedy any injustice which might be uncovered during an investigation to the late Mrs B.

The complaint

1. Mr C complained his late mother’s, Mrs B’s, care provider failed to provide her with proper care prior to her death in June 2021. Mr C says Mrs B was pulled about, suffered pressure sores and poor care resulted in a decline in her health. Mr C says he raised the complaint with Mrs B’s care provider but did not receive a response. Mr C says this has affected him, he has been unable to sleep and due to his own ill health he is only now able to pursue his complaint with the Ombudsman.

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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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr C says he has suffered distress and has photographic evidence of a pressure sore, but we could not make a finding or link them to the actions of Mrs B’s care provider in 2021as Mr C alleges. We could not now provide Mrs B with a remedy for any fault which might be uncovered during an investigation as sadly she has now passed away. The coroner could have requested further investigation a the time if they were concerned about the cause of Mrs B’s death.
6. Mr C says he has not had a response form Mrs B’s care provider about his complaints. Where the substantive matters do not themselves warrant investigation, the Ombudsman will not normally consider how the care provider has responded to a complaint about them. That is the case here.

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Final decision

7. We will not investigate Mr C’s complaint because we could not make a finding of the kind Mr C wants or remedy any injustice which might be uncovered during an investigation to the late Mrs B.

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Investigator's decision on behalf of the Ombudsman