Summary: The investigation into this complaint will be discontinued. The Ombudsman could not add to the Council’s safeguarding investigation into an injury Ms X sustained in supported housing two years ago. The Council found no evidence that poor care caused the injury

The complaint

1. Miss Y complains about an injury her late mother sustained in supported housing in 2017.

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The Ombudsman’s role and powers

2. 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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I have:

• considered the complaint and information submitted by Miss Y
• reviewed information provided by the Council
• spoken with Miss Y and explained the reason the investigation will be discontinued
• offered Miss Y and the Council an opportunity to comment on a draft of this document.

What I found

5. Miss Y complains about the care provided to her late mother, Ms X, in a supported housing facility in 2017. Ms X was experiencing pain and after admission to hospital, found to have a broken femur.
6. The Council undertook a safeguarding investigation. It considered a report from an NHS Trauma & Orthopaedic Consultant at the hospital, which stated, Ms X’s “bones had become very weak with marked Osteoporosis evidenced on X-rays”. The report also stated that “as bones become weaker simple procedures such as hoisting could lead to a fracture without trauma and that could happen very easily”. There was no evidence to suggest the injury resulted from trauma.
7. The safeguarding investigation found Ms X had complained of pain. She had a history of significant joint pain which was managed by medication. She was seen by a GP twice in ten days and attended A&E escorted by Miss Y, where she was discharged back home.
8. Ms X mother was admitted to hospital on 9 August 2017 after family spoke with a GP and the NHS 111 service about her ongoing pain. On admission to hospital Ms X was found to have a broken femur. She remained in hospital until November 2017, she was then discharged to a residential care home. She sadly passed away at the residential care home in December 2017.
9. The safeguarding investigation found no evidence of poor care at the supported housing facility and no evidence that Ms X’s injury was caused by trauma. Although the injury could not be explained, information from the hospital suggested the injury could have been due to Ms X’s condition.
10. Miss Y says she now has evidence Ms X was upset during her hospital stay and that she said carers at the supported housing facility broke her leg.

Analysis

11. The incident involving Ms X happened nearly two years ago. The Council investigated and found no evidence that poor care caused the injury. Having reviewed the information from the Council, which includes details of a report from an NHS an Orthopaedic and Trauma Consultant, I do not consider any investigation by this office would achieve a different outcome to that of the Council.
12. It is simply not possible for the Ombudsman to investigate now, Ms X’s upset and conversations about her injury.

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Final decision

13. The Ombudsman could not add to the Council’s safeguarding investigation into Ms X’s broken femur two years ago. The safeguarding investigation found no evidence the injury was caused by poor care. This was supported by a report from an NHS Trauma/Orthopaedic Consultant.
14. It is in this basis; the complaint will be closed.

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Investigator's decision on behalf of the Ombudsman