Summary: The Ombudsman will not investigate Ms C’s complaint that the Care Provider failed to provide an adequate service. This is because it is unlikely an investigation will lead to a different outcome.

The complaint

1. The complainant, whom I refer to as Ms B, is represented by her friend, whom I refer to as Ms C; complains that during a respite stay the Care Provider failed to: -
• provide butter and settle Ms B into her room when she arrived;
• deal with complaints properly, and honestly, while at the care home and afterwards;
• pass on shopping and provide suitable care.
2. Ms C says the Care Provider should reduce Ms B’s charges for the respite.

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The Ombudsman’s role and powers

3. We investigate complaints about adult social Care Providers. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe: -

• it is unlikely we could add to any previous investigation by the Care Provider, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

4. I considered the information provided by Ms C, and responses she received from the Care Provider.
5. I sent a draft decision to Ms C but did not receive any comments.

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What I found

What happened

6. Ms B had a respite stay at a care home in March 2019. Ms B had previously stayed at the care home.

Complaints and Responses

7. Ms C says that when Ms B went into the care home no one settled her in until the next day, and her clothes were left in bin bags over night. The Care Provider says that a nurse completed Ms B’s care plan over two days. It also says the head of housekeeping checked, and unpacked, Ms B’s belongings on the afternoon of the day of her arrival. The Care Provider has apologised for failing to complete the care plan the day Ms B entered the care home. It has reminded staff of the importance of prompt care planning.
8. Ms C says the TV and phone did not work during Ms B’s stay at the care home. The Care Provider accepts that Ms B’s phone was not working but says that it offered Ms B an alternative room; and made sure that she had an accessible mobile phone. The Care Provider says Ms B decided not to move room. The Care Provider does not accept the TV was not working. It says that staff members checked the TV and showed Ms B how to use the remote control.
9. Ms C says the home manager ignored Ms B when she was in the café; and did not listen to concerns she raised. The home manager says that she saw Ms B twice. Once to go through how to use the TV and a second, to help Ms B chose another armchair for her room. The home manager says that she did not ignore Ms B in the café but chose not to approach her as she was with friends. The Care Provider has apologised for any distress caused to Ms B by the lack of contact from the care home manager.
10. Ms C says that Ms B had to wait 45 minutes for her morning cup of tea. The Care Provider says that it was aware of Ms B’s desire to have tea in the morning and provided a tray with a pot of tea each morning. The Care Provider says there are no call bell logs during Ms B’s stay which would suggest that she did not wait longer than eight minutes (the call response time) to get her tea. Ms C says that Ms B did not ring the call bell as she was told not to. She also never received a tray and a pot of tea.
11. Ms C says that care staff did not deliver shopping to Ms B’s room until the next day. The home manager says that she delivered the shopping to Ms B on the same day at 7.30pm. Ms C says the shopping was still in the office the next day when she collected Ms B from the care home. The Care Provider has apologised the shopping was not delivered straight away.
12. Ms C says that Ms B wanted butter, but the care home only provided margarine. As a result, Ms B bought her own butter. The Care Provider says that butter is available and has apologised for any miscommunication.
13. To remedy the complaint the Care Provider has offered a 10% reduction in the care home fees or a week’s free respite at another one of their care homes.
14. Ms C does not think this is enough. She would like a 50% reduction in Ms B’s respite bill.

Analysis

15. In deciding whether to investigate a complaint, the Ombudsman needs to consider various tests. These include the likelihood of finding fault and what we can add to any investigation which has already been carried out.
16. The Care Provider has considered Ms B’s concerns and provided what I consider to be proportionate and reasonable responses. If the Ombudsman investigated Ms C’s complaint, it is unlikely the Care Provider’s records would allow us to add anything to its response. For example, it is unlikely we could ever establish whether Ms B’s TV was working, whether she was offered butter, when her shopping was delivered, or her clothes unpacked.
17. In addition, the Care Provider has accepted service failure and apologised. It has also offered a remedy.

Final decision

18. The Care Provider has responded to the complaint and offered a remedy. It is unlikely that an Ombudsman investigation would add to this or to the Care Provider’s investigation.
19. The complaint will therefore not be investigated and closed.

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Investigator's decision on behalf of the Ombudsman