Summary: We will not investigate Mr D’s complaint that his late mother’s, Mrs C’s, care provider’s failed to ensure she received her medication as prescribed. This is because we could not make a different finding to that already given to Mr D even if we investigated. We could not now provide Mrs C with a remedy even if we investigated as she is now deceased.

The complaint

1. Mr D complained his late mother’s, Mrs C’s, home care provider neglected her. Mr D says this resulted in Mrs C having to go back into hospital for a further 17 days where she had to restart her steroid medication. Mr D says this was because her care provider failed to ensure she took her usual and additional steroid medication she had been discharged with from hospital as requiring. Mr D says Mrs C did not recover from this and was discharged to a care home where she subsequently died.

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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 responded to Mr D’s complaint. It said Mrs C requested carers transfer her medication from the blister packs into the daily boxes for her to take. It confirmed it did not administer medication to her. It also explained it was not aware of the change in medication and additional steroid medication as it did not have access to her discharge sheet. Mr D says the discharge sheet and additional medication were in Mrs C’s bedroom and easily accessible. The Care Provider said as a result of Mr D’s complaint it will amend its policy to request an email from the hospital for a discharge note as well as the hard copy to minimise the chance of it being displaced.
6. Further investigation by us could not add to this. We could not draw conclusions that Mrs C would not have needed readmitting back into hospital if she had received the medication. We could not remedy any injustice caused to Mrs C from the Care Provider’s actions even if we investigated and found evidence of fault as she has sadly passed away.

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Final decision

7. We will not investigate Mr D’s complaint because we could not add to the Care Provider’s response or make a different finding.

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Investigator's decision on behalf of the Ombudsman