Summary: The Ombudsman will not investigate this complaint about care for the complainant’s mother at her Care Home. This is because we are unlikely to find fault in the Care Home’s actions.

The complaint

1. The complainant, who I refer to here as Mr N, says that the Care Home:
• Allowed his mother, M, to use the stairs at the home when it had told him that she would use the lift. This led to a fall on the stairs; and
• Told him that M would use the lift, but later, in the care plan and directions to staff, said only that she would be encouraged to use the lift

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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)

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How I considered this complaint

3. I considered the information provided by Mr N and I have sent him a draft decision for his comments.

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What I found

4. Mr N’s mother resided at a Care Home, in a room on the first floor. Mr N used to take her up the stairs, but on one occasion, a staff member suggested to him that this could put a strain on her heart, and that she should instead use the lift. He says that the staff member told him that the Care Home would also ensure that M used the lift in future.
5. Not long after this, M had a fall on the stairs. Shortly afterwards, she died from complications, Mr N says, caused by the fall.
6. Mr N complained to the Care Home about M’s use of the stairs, after he had been told that she would only use the lift. The Care Home provided a copy of M’s Care Plan, which stated that M would be encouraged to use the lift. The Care Plan was agreed by another family member, and staff at the Care Home were following it.
7. Mr N is not happy with the response, and has complained to the Ombudsman, but we will not investigate the complaint.
8. This is because there is no fault in the Care Home following an agreed Care Plan. I appreciate that Mr N believes staff told him something different from what was in the Care Plan, but that does not alter the validity of the Care Plan in place.
9. Additionally, as Mr N is not the executor of M’s will, and did not have authority to sign and agree her Care Plan, we would not investigate a complaint from him as we would not regard him as the most suitable representative to make a complaint on her behalf.

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Final decision

10. Subject to any comments Mr might make, my view is that the Ombudsman should not investigate this complaint. This is because we are unlikely to find fault in the actions of the Care Home.

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Investigator's decision on behalf of the Ombudsman