Summary: Adverse Findings Notice issued because Burlington Care (Yorkshire) Ltd filed to provide the remedy recommended by the Ombudsman following an investigation.

The complaint

A daughter complained about the quality of care provided to her mother (Mrs J) at The Hawthornes residential home.

The Ombudsman found Burlington Care (Yorkshire) Ltd:

• Verbally abused Mrs J, left her unattended, and treated her without compassion or dignity.
• Failed to keep proper records of Mrs J’s condition and weight.
• Did not give Mrs J a bath for two weeks and had no care plan in place to deal with her refusal of personal care.
• Did not keep Mrs J’s family informed and tried to ensure its internal inspector did not visit Mrs J.

These faults are potential breaches of the Care Quality Commission’s fundamental standards. As a result, Burlington Care (Yorkshire) Limited did not provide the care Mrs J or her family expected,
causing significant distress to both.

Recommendations

The Ombudsman recommended Burlington Care (Yorkshire) Limited:

• refund Mrs J's full care fees for her stay
• apologise to the family and pay her daughter £250 for the distress caused.

The Provider’s response

Burlington Care (Yorkshire) Limited accepted it was at fault and took action to improve its practice and prevent these faults reoccurring. It offered to refund one week of Mrs J’s care fees, but we do
not consider this an appropriate remedy for the injustice caused.

The Provider has informed us it does not wish to carry out our recommendations for the following reasons:

• It had taken action to ensure nobody else has a similar experience.
• The poor practice and culture had been inherited from the Care Home’s previous operating company.
• It had taken immediate action in relation to the allegation of verbal abuse, resulting in the carer’s dismissal and referral to the Disclosure and Barring Scheme.
• The Care Home’s manager should have asked for support as the Care Home is not a service which can support people with significant dementia care needs.
• Burlington Care had been unaware of any concerns regarding Mrs J’s care.

We are not satisfied with the actions of Burlington Care (Yorkshire) Limited, which leaves the injustice not put right for the complainant. We will share this notice with the Care Quality Commission – the regulator for health and social care in England.

Further information about the care provider can be found at the Care Quality Commission's provider page.

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