Tinfloyd Healthcare Limited (19 010 550)
Category : Adult care services > Residential care
Decision : Closed after initial enquiries
Decision date : 19 Dec 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mrs X’s complaint about the care provider failing to record her as her husband’s next of kin and attorney on his Do Not Attempt Resuscitation form in 2017. The complaint lies outside the Ombudsman’s jurisdiction because it is late. I see no good reason to exercise discretion to consider this late complaint now.
The complaint
- The complainant, who I refer to as Mrs X, complains the care provider failed to record her as her husband’s next of kin and attorney on his Do Not Attempt Resuscitation form in 2017.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered the information Mrs X provided. This included some complaint correspondence with the care provider. I sent Mrs X a draft copy of my decision and invited her comments on it.
What I found
- Mrs X complains the care provider failed to record her as her husband’s next of kin and attorney on his Do Not Attempt Resuscitation (DNAR) form. Mrs X says she first discussed this with the care provider in February 2017. In April 2017, she found she was not recorded on the form. Mrs X says the DNAR form was completed without her being present and without her knowledge. She asked the home to cancel the DNAR and complete a new one with her present.
Final decision
- We will not investigate this complaint. It lies outside the Ombudsman’s jurisdiction because it is late. The law says a complaint should be made to the Ombudsman within 12 months of the person first becoming aware of the matter they wish to complain about. Mrs X has clearly known about this matter since early 2017 and I see no good reason to exercise discretion to consider it now.
Investigator's decision on behalf of the Ombudsman