Summary: Mr X complains about the actions of a care home. He says the care home did not contact him when his mother died, did not complete an inventory of his mother’s belongings when she entered the care home, and that money was taken from his mother’s bank account. He also complains about the care home’s complaint handling. The Ombudsman finds some fault with the care home. We have made some recommendations.

The complaint

1. Mr X’s mother was in a care home. Mr X complains about the following:
• The care home did not tell him about his mother’s death in June 2019. He says he found out through a third party contacting his son.
• The care home did not complete an inventory of belongings when his mother entered the care home. He says some of his mother’s items have gone missing, including a gold watch and some jewellery.
• Money was taken from his mother’s bank account.
• The care home delayed in responding to his complaints.

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The Ombudsman’s role and powers

2. 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)
3. If an adult social care provider’s actions have caused an injustice, we may suggest a remedy. (Local Government Act 1974, section 34H(4))
4. The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 set out the fundamental standards those registered to provide care services must achieve. The Care Quality Commission (CQC) has issued guidance on how to meet the fundamental standards below which care must never fall.

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How I considered this complaint

5. I spoke with Mr X and considered the information he provided.
6. I considered the care home’s complaint responses.
7. I sent a draft decision to Mr X and the care home and considered their comments.
8. Under our information sharing agreement, we will share this decision with the Care Quality Commission (CQC).

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What I found

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

9. This sets out the fundamental standards those registered to provide care services must achieve. The Care Quality Commission (CQC) has issued guidance on how to meet the fundamental standards, below which care must never fall.
10. Regulation 17 is about good governance. To meet this regulation, providers must have effective governance, including assurance and auditing systems or processes.
11. Providers must securely maintain accurate, complete and detailed records in respect of each person using the service.

What happened

12. In June 2019, Mr X’s mother, Mrs P went into a care home. Mrs P lived there for about a week before she died.
13. In July 2019, Mr X made a complaint to the care home. He complained about the following:
• the care home not telling him about Mrs P’s death in a timely manner; and
• the lack of personal items being returned to him following Mrs P’s death, such as jewellery.
14. In its stage one complaint response, the care home accepted it had not tried to contact Mr X on the day of Mrs P’s death. The care home said this was because there had been previous difficulties with call blocking on the telephone number provided. It apologised for this. The care home also confirmed it had not kept a list of personal items Mrs P had when she entered the care home.
15. Mr X approached the Ombudsman in July 2019. In August 2019, the care home told us it had not yet finished investigating Mr X’s complaint through its two stage complaints procedure.
16. In September 2019, Mr X returned to the Ombudsman as he said he had not heard from the care home. In October 2019, the care home wrote to Mr X to confirm his stage two complaint. Mr X also raised a further complaint with the care home as he had bank statements which showed money had been withdrawn from his mother’s bank account before her death. The Council confirmed it would address this complaint separately at stage one.
17. The care home responded to Mr X’s complaint about money being accessed in October 2019. The care home confirmed it was not permitted to access Mrs P’s bank account under its policy. It also explained no care home employee could be named an account holder or signatory which would allow them to transact on a resident’s account.
18. Mr X explained to the Ombudsman he believed the person who took the money out of his mother’s bank account was someone who claimed to be a close relative. He confirmed his mother did have capacity to deal with her own finances and he had no evidence to suggest his mother did not consent to the money being taken.
19. Between January and March 2020, Mr X returned to the Ombudsman as he had still not received a stage two response to his other complaint.
20. In July 2020, the care home was sold to a new operator. The old company who previously managed the care home was in administration and was in the process of being dissolved.
21. The contract of sale for the care home does not suggest the new owners have any liability for events that happened before the transfer of ownership. The new owners confirmed it could not add anything to the investigation of Mr X’s complaints.

Analysis

22. The evidence shows the care home had accepted fault for not contacting Mr X after his mother died. The care home apologised to Mr X and this was appropriate.
23. The care home also accepted it had not completed an inventory of Mrs P’s personal belongings when she first moved into the care home. One of CQC’s fundamental standards is good governance. Care providers should securely maintain accurate, complete, and detailed records. Therefore, at this stage, I find fault with the care home for not completing an inventory of Mrs P’s personal belongings.
24. The fault identified has caused Mr X an injustice because there is uncertainty as to whether his mother had more belongings than what was returned to him.
25. There is evidence of fault in the way the care home handled Mr X’s complaint. The care home had a two stage complaints procedure but there is no evidence Mr X ever received a stage two response to his complaints. It is clear Mr X had to return to the Ombudsman on many occasions as he had not received any response from the care home. This is fault.
26. I find the fault identified caused Mr X an injustice as he had to take the time and trouble to chase his complaint with the care home. He also did not receive a service which he should have.
27. Finally, with regards to the matter of money being taken from Mrs P’s bank account. There is no evidence to suggest the person who took the money was an employee of the care home. The care home also explained no care staff could access resident’s bank accounts as this was not permitted under its policy. Further, Mr X said he believed the person who withdrew the money was a person who had claimed to be a close relative of Mrs P.
28. Therefore, it is likely, on balance, the person who withdrew the money was Mrs P’s relative or friend, rather than care home staff. Mr X confirmed Mrs P had capacity to deal with her own finances and there is no evidence to suggests Mrs P had not consented to the withdrawals. It is also unlikely any further investigation by the Ombudsman on this point will lead to any new evidence. Therefore, I do not find fault with the care home for the money withdrawals.
29. When we find fault causing an injustice, we can recommend a remedy to put the person back in the position they would have been, if not for the fault. In this case, the limited company which operated Mrs P’s care home has gone into administration. This means it is in the process of being dissolved. This means it is unlikely we can seek a remedy from it as the liability for a limited company rests with the company.
30. Therefore, while I have made recommendations, the Ombudsman recognises they are unlikely to be completed.

Recommended action

31. To remedy the injustice caused by the faults identified, the care home should complete the following:
• Apologise to Mr X for the injustice caused by the faults identified.
• Remind all relevant staff of the importance of contacting all next of kin to inform them of significant events involving residents.
• Implement a system of recording personal belongings when a resident enters the care home for the first time. The care home should also ensure the information is kept up to date throughout the time the resident remains in the care home.
32. The care home should complete the above within four weeks of the final decision.

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Final decision

I find some fault with the care home’s actions. I do not find fault with the care home for the money that was withdrawn from Mrs P’s bank account. I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman