Summary: The Care Provider’s actions did not cause injustice in this case. The Care Provider has taken steps to try and ensure the security of Mrs D’s hearing aids, but cannot be responsible for items in her possession, in accordance with its terms and conditions of contract.

The complaint

1. The complainant, who I will call Mr C, says the Care Provider has lost Mrs D’s hearing aids and will not take responsibility for the cost of replacing them. The Care Provider records at the start and end of the day that it has given and removed the hearing aids. On one occasion the Care Provider’s records said it had inserted Mrs D’s hearing aid in the morning, but the senior carer told Mr E that when they came to put the hearing aid in that morning, they could not find it. The Care Provider contacted the night shift to see if they had mistakenly taken the hearing aid. Mr C believes the Care Provider has therefore falsified this record. Mr C also believes the Care Provider has added to its records about Mrs D’s behaviour, to blame Mrs D rather than accept responsibility.
2. Mrs D’s teeth and toiletry items have also gone missing from her room. Mr C found medication in Mrs D’s walking frame, so staff had not properly watched her taking medication. The Care Provider has charged an extra day for the leap year. The Care Provider would not allow Mr E access to Mrs D’s care records. Mr C says the Care Provider verbally assaulted him.
3. When Mrs D does not have her hearing aid it affects her mental health. The hearing aid is expensive to replace. Mr C contacted professional bodies who had never heard of a business charging extra for the leap year, but the family has paid this extra sum. It has been time consuming for Mr C to pursue complaints and is upsetting to be verbally abused and have his character defamed.

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The Ombudsman’s role and powers

4. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)
5. When considering complaints, if there is a conflict of evidence, we make findings based on the balance of probabilities. This means that we will weigh up the available relevant evidence and base our findings on what we think was more likely to have happened.
6. We normally name care homes in our decision statements. However, we will not do so if we think someone could be identified from the name of the care home. (Local Government Act 1974, section 34H(8), as amended)
7. We may investigate complaints from a person affected by the matter in the complaint, or from someone the person has authorised in writing to act for him or her. (Local Government Act 1974, section 26A or 34C as amended)
8. If we are satisfied with a care provider’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

9. I considered information provided by Mr C and the Care Provider.
10. Mr C and the Care Provider had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

11. Mrs D lives at Picktree Court Care Home; she has dementia.
12. Mrs D has worn hearing aids since entering the home; problems started three years later when her hearing aids started to regularly go missing. Mr C says at first they would be found quite quickly, but the length of time to find them gradually increased and then on one occasion the Care Provider could not find Mrs D’s hearing aid. Mr C explains that without her hearing aids Mrs D is isolated and her mental health worsens.
13. Mr C asked the Care Provider about liability for the missing hearing aids. The Care Provider referred to a section of its terms and conditions, signed by Mr E, which states “The management and staff of the home will attempt to provide security for resident’s possessions. But no responsibility can be accepted for items retained in resident’s rooms or possession.”
14. As the hearing aids go missing from Mrs D’s possession the Care Provider is not responsible for the loss. The Care Provider took steps to try and provide security for the hearing aids by keeping them in the office overnight, adding this to Mrs D’s care plan, and setting up a signing in and out sheet. This is appropriate action to manage the situation.
15. I appreciate Mrs D suffers without her hearing aids, and replacing them is costly, but that injustice is not caused by the actions of the Care Provider.
16. Mr C says when Mrs D’s hearing aid went missing in October 2019 the Care Provider told him they were signed in on the evening and back out the next morning. Mr C says this is untrue as the hearing aid was not there in the morning. The signing in and out procedure was not implemented until 8 November, so was not in place at the time of this incident. Mrs D’s care records do not show whether staff removed the hearing aid in the evening, they only show the hearing aid was lost since the previous night. I have insufficient evidence to say the hearing aid was lost because of the actions of the Care Provider, or the Care Provider lied to Mr C.
17. There is no reason for me to doubt the accuracy of the care records I have seen. The records are contemporaneous and in order, and there is no evidence of items being subsequently added.
18. Given the Care Provider adequately managed the security of Mrs D’s hearing aids for the first three years, it is more likely than not the increased frequency of them going missing is because of a deterioration in Mrs D’s behaviour rather than the actions of the Care Provider.
19. Other items have also gone missing such as Mrs D’s dentures, and toiletries. These again are items in Mrs D’s room or possession, so the Care Provider accepts no direct responsibility. The Care Provider gave Mrs D a key to her room so she can secure her belongings.
20. Mr C found tablets that Mrs D had hid in her walking frame. The Care Provider explains it oversees and records medications, but there are instances where residents may appear to have swallowed the tablets and then spit them out once alone. I do not find the Care Provider’s actions have caused Mrs D to not receive her medication.
21. Mr C is concerned the Care Provider charged an extra day for the leap year. The care fees are calculated on a daily rate of 365 days per year and then divided monthly. But in a leap year there are 366 days and therefore the fees for that year would be different. I find no fault the Care Provider charged for a day on which it provided Mrs D with care and support.
22. Mr C is concerned that the Care Provider will not share Mrs D’s records with him. The Care Provider asked for a power of attorney to enable it to share information, but neither Mr C nor Mr E have power of attorney for health and welfare. Mr C explains that Mrs D had capacity to make her own decisions about health and welfare when she entered the care home. I understand that Mr C and Mr E are only trying to act in Mrs D’s best interests, but I cannot find fault with the Care Provider’s actions. The Care Provider’s duty is to protect Mrs D’s personal data. If Mr C or Mr E wish to act for Mrs D in this regard and she can no longer agree to a power of attorney, then they can apply to Court to be appointed her deputy.
23. Mr C says when trying to raise a concern with the care home, the owner aggressively said he was not happy with the line Mr C had taken in his complaint and ushered him towards the door. The Care Provider says Mr C was having a heated discussion with the reception staff member. The Care Provider says the owner asked Mr C to go and speak with the manager who was in his office. The Care Provider says Mr C continued to complain loudly in a public area, so the owner asked him to either see the manager or to leave. The reception staff member says it was Mr C that was loud and aggressive and that the owner did not raise his voice and remained calm. Both parties accept the conversation was heated. I cannot know exactly what happened and cannot say the Care Provider acted in a way that caused injustice.

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Final decision

24. I have completed my investigation on the basis the actions of the Care Provider did not cause injustice to Mrs D and Mr C.

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Investigator's decision on behalf of the Ombudsman