Summary: We will not investigate this complaint about failure by an adult social care provider to contact its client’s next of kin when the client became unwell, and after the client died. The care provider has apologised for the distress caused and has contacted all relevant clients to ensure it has contact details for their next of kin. It is unlikely an Ombudsman investigation would achieve anything further.

The complaint

1. Ms B says the care provider acting for the Council failed to tell her when her father, Mr C, became unwell. The care provider also failed to tell her when Mr C later died. Ms B is angry at the impersonal way she found out about her father’s death and the way the care provider dealt with her complaint.

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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 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, or
• there is no worthwhile outcome achievable by our investigation.

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

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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 received care in his own home from Meridian Health & Social Care (the care provider) which was arranged by the Council.
6. Ms B was told by the coroner that Mr C had died. Ms B found this impersonal and distressing and is angry and upset the care provider did not contact her when Mr C’s health declined and after he died. The care provider delayed responding to Ms B’s complaint and did not update Ms B about its delays, so she had to chase it, which further added to her anger and distress.
7. The care provider says when Mr C died it had no next of kin listed for him and did not have Ms B’s contact details. It appears the care provider missed opportunities to gather this information, either from Mr C or from its care workers who worked with Mr C, at least one of which had Ms B’s mobile telephone number.
8. The care provider has apologised to Ms B and has ensured to contact all clients for next of kin details, to ensure the same does not happen to anyone else.
9. I fully understand Ms B’s anger and distress, but I do not consider the Ombudsman could achieve any further outcome than the actions the care provider has already taken.

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Final decision

10. We will not investigate Ms B’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman