Summary: The investigation into this complaint will be discontinued because we cannot achieve the outcome Mrs X is seeking. We cannot seek an apology for comments made by a care home manager to Mrs X during a conversation. Neither can we pursue Mrs X’s wish for assurances she can continue to visit people in the care home not related to her.

The complaint

1. Mrs X complains about how she has been treated by the manager of a care home where her late husband was a resident. The Council funded Mrs X’s husband’s care so the complaint is against the Council.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal.

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

3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have:

• considered the complaint and discussed it with Mrs X;
• considered the correspondence between the Council and Mrs X, including the Council’s response to the complaint;
• offered Mrs X and the Council an opportunity to comment on a draft on this document.

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What I found

5. Mrs X’s late husband was resident in a care home for four years. Mrs X visited every day. She has no complaint about her husband’s care.
6. Mrs X complains about how a manager spoke to her after a relative’s meeting held in April 2018. After the meeting the manager asked Mrs X to go to her office to discuss her input at the meeting. Mrs X says the manager accused of being negative during the meeting. The manager said it was not appropriate and that the care home could move people. Mrs X took this to mean her husband could be moved.
7. After Mrs X’s husband passed away Mrs X continued to visit a friends’ relative who was resident in the care home. Mrs X says the manager challenged her reasons for visiting. Mrs X says the manager said she could visit as a guest, but she had to have written permission from the resident’s relative. Written permission was obtained and provided to the care home. Mrs X believes the care home manager wanted to deny her entry to the home.
8. Mrs X complained to the Council saying she wanted an apology from the care home manager, and assurances she could continue to visit the care home..
9. The Council wrote to the care home in October 2018. It received a response the following day saying “I am able to confirm that Mrs X is free to continue visiting the home however, in line with visitor expectations we would expect her to remember she is in the presence of vulnerable adults, and be respectful in her verbal communications”. The manager did not believe Mrs X was owed an apology.
10. Mrs X complained to the Council again in May 2019 saying she expected an apology from the care home manager and wanted an assurance that she could still visit other residents in the home without any repercussions.
11. The Council responded to Mrs X saying it would not investigate the matter because the matter had been dealt with in October 2018.

Analysis

12. It is not possible for the Ombudsman to investigate a conversation between two people. Each person will have their own interpretation of events. Therefore, it is not possible to achieve the outcome Mrs X wants, which is an apology from the care home manager.
13. Mrs X wants assurances she can still visit friends at the care home. The Ombudsman cannot pursue this. Mrs X has no ‘right’ to visit friends, it is her friends ‘right’ to receive visitors. There is no injustice caused to Mrs X if she is refused entry to the care home. Any injustice would be to the resident, and it would for that person to complain.

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Final decision

14. The investigation into this complaint will be discontinued. We cannot achieve the outcome Mrs X is seeking..
15. The complaint will be closed.

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Investigator's decision on behalf of the Ombudsman