Summary: We will not investigate this complaint about documented information Mrs C says is false and recorded in her late mother’s, Mrs D’s care records. This is because we could not make a different finding to that already provided by Mrs D’s Care Provider or provide Mrs C with the outcome she wants.

The complaint

1. Mrs C complained about false and dishonest comments written in her late mother’s, Mrs D’s, care records. Mrs C says she wants the staff member to be dismissed and criminal proceedings brought.

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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 do not start an investigation if we decide 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 investigated Mrs C’s concerns about recorded information in the daily log relating to Mrs D. It explained the carer said it was a true reflection of her recollection of what happened at the visit. The carer acknowledged this would have been upsetting for Mrs C and apologised for the distress caused. We could not make a different finding. We cannot make a finding on what happened when we were not present. We cannot tell Care Provider’s or Council’s to dismiss staff as this is personnel matter. Criminal proceedings are for the police to investigate not the Ombudsman.

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Final decision

6. 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