Summary: Miss X complains that the Care Home failed to contact her when her father was admitted to hospital and therefore, she could not make arrangements to see him before he passed away. We find the Care Home failed to contact Miss X and we make recommendations to remedy the injustice this caused.

The complaint

1. Miss X says the care provider failed to inform her that her father (Mr Y) had been admitted to hospital and therefore she could not make arrangements to see him before he passed away, causing her significant distress.

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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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), 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)
4. Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Care Quality Commission (CQC), we will share this decision with CQC.

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How I considered this complaint

5. I spoke to Miss X and discussed the complaint with her. I made enquiries of the Care Home and considered the information it provided in response.
6. I gave Miss X and the Care Home a copy of my draft decision and invited their comments. I considered the comments I received before reaching a final decision.

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What I found

7. On 15 February 2020 Mr Y was admitted to hospital following a stroke. Miss X contacted the Care Home on the same day. She explained there had been a breakdown of communication with her sister who was listed as the next of kin. She asked the Care Home to contact her directly in the future should anything happen to her father. Miss X says the Care Home checked records held for her brother, his wife and herself and verified the contact details were correct.
8. On 15 March 2020 Mr Y had a fall and was admitted to hospital. The Care Home notified the next of kin but did not contact any other family member. Mr Y passed away three weeks later. Miss X says she heard about the death of her father three days after he had died.

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Analysis

9. I acknowledge it would have been extremely distressing for Miss X to have not seen her father before he passed away.
10. The Care Home says that when it spoke to Miss X in February 2020 it should have advised her to contact the lodge manager to discuss her request to be informed about changes to her father’s health and wellbeing. The records do not show that Miss X was advised of this and the Care Home accepts that communication was "not as it should have been.” Miss X says the Care Home confirmed that it had her details and verified them with her. The staff member that spoke to Miss X does not recall agreeing to inform Miss X of any changes with regards to Mr Y. Unfortunately, it will never be entirely clear what was discussed and agreed during the telephone conversation. However, the lodge manager was not made aware of the conversation with Miss X nor was the request discussed with Mr Y when he returned from hospital. This was fault.
11. The Care Home has provided a copy of Mr Y’s client information record which states the next of kin is Miss X’s sister. There is no fault in the Care Home contacting the next of kin about Mr Y’s fall and hospital admission. However, the record does not specifically state that Mr Y only wanted the Care Home to contact his next of kin. Contact details for Miss X and her brother are also listed. Furthermore, the Care Home was aware of a breakdown in communication between Miss X and the next of kin. Based on the evidence available, it is my view that the Care Home should have contacted Miss X when Mr Y was admitted to hospital. The failure to do so meant that Miss X did not see her father before he passed away.

Agreed action

12. Within four weeks of my final decision, the Care Home will:
1. Apologise to Miss X for the avoidable distress caused by its failure to make her aware of Mr Y’s admission to hospital in March 2020;
2. Pay Miss X £300 for injustice she has suffered as result of the fault;
3. Ensure that staff are reminded of the importance of recording specific details about next of kin and family contact arrangements.

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Final decision

13. I have reached a decision of fault leading to injustice. The Care Home has agreed actions to remedy the injustice caused. I have completed my investigation on this basis.

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Investigator's decision on behalf of the Ombudsman