Summary: The Ombudsman will not investigate Mr X’s complaint about his mother’s respite stay. This is because an investigation would be unlikely to add anything to the response Mr X has already received. Also, the injustice is not significant enough to warrant our involvement.

The complaint

1. Mr X complains about the respite care his mother (Mrs Y) received. The Council arranged the respite placement. Mr X’s complaint includes:
• Mrs Y feeling isolated;
• problems with other residents;
• a banana skin and water being thrown at Mrs Y;
• a man standing at Mrs Y’s door at night;
• missing medication.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. 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:

• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

3. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)

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How I considered this complaint

4. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

5. The care home Mrs Y stayed at has responded to complaints from Mr X. The care home has responded on behalf of the Council. In its response to Mr X the care home said:
• Daily records and staff feedback showed Mrs Y was “settled and content…socialising with other residents”.
• Many of the care home’s residents have dementia. Some do therefore try to walk through security doors. Some residents do behave in a particular way because of their dementia, such as accusing others of stealing their possessions.
• If Mr X could provide more information about items being thrown at his mother or the man standing at her door it could investigate further.
• It was sorry Mrs Y’s medication was returned with a day’s worth of tablets missing. These could not be found. Changes would be made so that if medication did go missing, it would be raised immediately. This would allow time for extra medication to be collected if needed.
• The care home specialises in dementia care. While Mrs Y does have some health problems, she does not have dementia. The care home might not therefore be an appropriate placement for Mrs Y.
6. The care provider has sent what I consider to be a proportionate and reasonable response to Mr X’s complaint. It has considered Mrs Y’s care records, talked to staff, offered to investigate further, and apologised for the missing medication.
7. I understand how concerned Mr X is about his mother’s respite care and the events at the heart of his complaint. But, on balance, I do not think an investigation by the Ombudsman could achieve anything more. An investigation would be unlikely to add anything to the care home’s response. Also, while I understand Mr X is disappointed with the care his mother received, I am not persuaded the alleged injustice is serious enough to justify our involvement. An investigation is not therefore warranted.

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Final decision

8. The Ombudsman will not investigate Mr X’s complaint. This is because an investigation would be unlikely to add anything to the response Mr X has already received. Also, the injustice is not significant enough to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman