Summary: We will not investigate this complaint about adult social care provided at home. The care provider acting on behalf of the Council has accepted fault, apologised for the impact, and acted to improve future service. It is unlikely we would achieve anything further by investigation.

The complaint

1. Ms B says the standard of care at home for her relative, Ms C, was poor. The care was arranged by the Council. Ms B says:
• Ms C contracted Covid which must have been brought into her home by the care workers.
• A care worker brought their child to Ms C’s home during a care visit, which was not arranged or agreed.
• It took six months to provide care records, and then some of the records are missing.
• Medication given twice a day, instead of given only if required.
• One day the care worker turned up over 2.5 hours late. When they arrived, Ms C was on the floor. The care worker did not call for medical attention but rang Ms B and asked her to do it. Ms B says because of a language barrier the care worker could not properly communicate the issues to the ambulance crew, and the ambulance workers suggested to Ms B she should ask for a different care worker.
• Delayed dealing with the complaint.
2. Ms C died. Ms B feels she has not had closure and feels stressed.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

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

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My assessment

8. The issues complained about happened more than 12 months ago, and Ms B has known about the issues for more than 12 months. However, Ms B has given good reasons why she could not raise the complaint with the Ombudsman sooner. So, we have exercised discretion to consider the complaint.
9. The Council arranged a care agency (the care provider) to support Ms C in her own home.
10. The care provider accepted fault in its service and apologised to Ms B for her distress. The most impact would be to Ms C, who we cannot provide a remedy for. The care provider also confirmed the actions it would take to improve future service, including reminders to staff and amending policies and procedures where necessary.
11. The Care Quality Commission (CQC) is the independent regulator of health and social care in England. The CQC has fundamental standards below which a person’s care should never fall. The care provider should have provided Ms C with safe care and treatment from fit and proper staff. The care provider should have provided Ms C with person-centred care meeting the needs and preferences detailed in her care plan and should provide care with dignity and respect. The Care Provider should also keep full and accurate records of the care it has provided and should investigate complaints without delay. Its failures in these areas may be breaches of the fundamental standards.

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Final decision

12. We will not investigate Ms B’s complaint because it is unlikely we would add to the Council’s investigation or reach a different outcome. The care provider has accepted failures in service, has apologised to Ms B and acted to improve future service. I understand Ms B’s distress at knowing her relative received poor care, but an Ombudsman investigation is unlikely to add anything further.
13. Under our information sharing agreement, we will share this decision with the Care Quality Commission (CQC).

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Investigator's decision on behalf of the Ombudsman