Summary: Miss X complains the Care Home provided poor quality care and accommodation, causing financial loss and distress. The Ombudsman is satisfied with the actions already taken by the Care Home to remedy any injustice and prevent recurrence.

The complaint

1. Miss X complains the Care Home provided poor quality care and accommodation, causing her financial loss and distress.

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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. 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.
5. If we are satisfied with a care provider’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)

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How I considered this complaint

6. I spoke to Miss X and I reviewed the documents provided, including correspondence between Miss X and the Care Home. I gave Miss X and the Care Home the opportunity to comment on a draft of this decision and I considered the comments provided.

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What I found

What happened

7. Miss X decided to pay for respite care following a fall in which she fractured her wrist. She paid £4775 for three weeks’ respite care in the Care Home.
8. I have summarised her complaints about the Care Home as follows:
• The first room was dark and depressing. And, the washbasin taps splashed water on the floor. Upon her request the Care Home moved her to another room.
• The second room had a stained toilet bowl, which the Care Home cleaned upon her request. She found the mattress uncomfortable and, although the Care Home then provided an air bed, she found it difficult to get up from this.
• The toilet leaked in the night which the Care Home fixed the following morning. However, as she left the Care Home the fault recurred.
• The Care Home offered her the incorrect dosage of her folic acid tablets on two occasions, though she was aware of the error and did not take an incorrect amount.
• The food was bland and not as advertised. There was little fresh fruit available.
• She was reprimanded for leaving laundry in the wrong place.
• The Care Home did not routinely change her bed, empty bins or change water and cups every day.
• Her stay was disrupted by noise from staff shouting and loud TV and radios.
• She decided to wash and dress herself in the morning rather than wait for staff to help her after breakfast.
9. The Care Home acknowledged Miss X’s complaints and said it resolved issues when raised. However, it had warned staff about noise and would provide information about laundry to residents within its welcome pack in future.
10. Miss X was unhappy with the Care Home’s response and felt many of her points were overlooked. She complained again.
11. The Care Home provided a further, more detailed response. In summary:
• It assured Miss X her comments about cleanliness would be highlighted with housekeeping.
• It had reminded staff of the importance of changing water jugs and glasses. It would also review the monitoring of routine housekeeping.
• It confirmed a staff member did not record drug dosage on a chart as they should have done and it has followed this up with them.
• It offered £150 as a gesture of goodwill in recognition of her dissatisfaction.
12. Miss X complained to the Ombudsman because she considered the amount offered inadequate given the amount she paid for her stay. And, because she wanted to ensure the Care Home did not repeat the same failings in future. She was also concerned about other residents who were unable to complain for themselves.

Findings

13. Miss X had high expectations of the Care Home based on its advertising and cost and, she felt these were not met. However, the Ombudsman is not a court and we cannot consider a claim from breach of contract as a court would. We can consider whether the Care Home failed to meet regulations under the Health and Social Care Act 2008 (the “Act”), the CQC fundamental standards of care or its own policies and guidance.
14. The matters Miss X complains of do not amount to fault causing significant injustice, except in relation to the error in drug dosage. Regulation 12 of the Act says a care provider must supply medicines in sufficient quantities, manage them safely and administer them appropriately to make sure people are safe. Although Miss X recognised the error in drug dosage and did not take an incorrect amount, this could have caused significant injustice in different circumstances.
15. The Care Home identified the error in drug dosage arose because one member of staff did not follow the correct procedure. It also confirms it has addressed this with the staff member. Bearing this in mind, I find there is not a systemic failing within the Care Home that could affect others. And, I am satisfied with the action already taken by the Care Home to prevent recurrence.
16. The Care Home accepted Miss X’s complaints and set out the actions it had taken or would take to prevent recurrence. It apologised and sent her a cheque in the sum of £150 as a gesture of goodwill.
17. I note Miss X is concerned about recurrence of the matters she complained of. However, I am satisfied the Care Home has provided appropriate assurances of the actions taken to prevent recurrence.
18. I also note Miss X feels the payment offered by the Care Home is not proportionate to the amount she paid for her stay and the quality of service received. However, the Ombudsman would not calculate a remedy based on the cost of the service or in the same way the courts would. I recognise the accommodation and care was not of the high quality Miss X expected. But I cannot say the Care Home failed to provide any services or that Miss X suffered any quantifiable financial loss. I therefore consider the payment offered by the Care Home is appropriate.
19. As I am satisfied with the actions already taken by the Care Home to remedy any injustice, I make no recommendations.

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Final decision

20. I have completed my investigation. This is because I am satisfied with the actions already taken by the Care Home to remedy any injustice and prevent recurrence.

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Investigator's decision on behalf of the Ombudsman