Summary: We will not investigate Mrs C’s complaint that her late mother’s, Mrs B’s, care provider neglected her. This is because we could not add to the Care Provider’s response or make a different finding of the kind Mrs C wants.

The complaint

1. Mrs C complained her late mother’s, Mrs B’s, care provider should have ensured her safety when walking downstairs. Mrs C says Mrs B was left on the stairs to navigate her own way down resulting in her falling down four steps. The fall resulted in Mrs B being bedbound until she passed away in March this year. Mrs C says the fall resulted in a reduced quality of life and deterioration in Mrs B’s health resulting in her passing away.

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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. The Care Provider responded to Mrs C’s concerns. It says at the time of the fall, Mrs B received four calls a day to support her with personal care, medication, food, and fluids. It says Mrs B mobilised up and downstairs independently without support. Her last risk assessment completed in February documented that she was able to weight bear independently and mobilise up and down the staircase without the support of others. On the day Mrs B fell, the carer had walked down a few steps ahead of Mrs B and went into the kitchen to dispose of waste. The carer heard Mrs B fall but did not see what happened. Mrs B was admitted to hospital but discharged the same day. There were further incidences after the initial fall where Mrs B’s leg gave way, and her care plan was updated to supervise her movements.
6. We could not make a finding of neglect. We could not now provide a remedy to Mrs B for any fault which might be uncovered during an investigation as she is deceased. We could not make the causal link that the care provider’s actions resulted in a decline in Mrs B’s health and eventual death as Mrs C believes. Mrs B’s care plan did not require her to be supervised during mobilisation until after the fall and records show Mrs B could mobilise up and downstairs independently at that time.

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Final decision

7. We will not investigate Mrs C’s complaint because we could not add to the Care Provider’s response or make a different finding of the kind Mrs C wants.

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Investigator's decision on behalf of the Ombudsman