Summary: The Ombudsman will not investigate this complaint about the care the complainant received while staying in a residential care home. This is because he is unlikely to find fault.

The complaint

1. Mr X has complained on behalf of his uncle, Mr Y, about the care he received while staying in a residential care home. Mr X says Mr Y’s care plan was not sufficient to meet his needs.

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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 it is unlikely we would find fault.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered this complaint and the response from the care home sent on behalf of the Council. I invited Mr X to comment on a draft of this decision and considered the comments he has made in response.

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What I found

4. Mr Y moved into a residential care home in 2019 after leaving a rehabilitation centre. The placement was intended to be short term while Mr Y waited to move to sheltered accommodation. The placement was funded by the Council and Mr Y made a contribution towards the cost of his care.
5. In June 2019, Mr Y fell getting out of bed and cracked his hip. Mr X says the fall was caused by the home’s negligence and lack of care. Mr Y’s care plan says he needs a zimmer frame to get out of bed and move around. However, the zimmer frame was not placed by Mr Y’s bed on the day he fell. Mr X argues that staff should have noticed the zimmer frame was not accessible to Mr Y when they checked on him during the night. Mr X believes Mr Y’s care plan was not sufficient for his needs.

Assessment

6. I will not investigate this complaint about the care Mr Y received while he was in a residential care home. This is because it is unlikely I could find fault by the Council.
7. I have reviewed the care assessment completed when Mr Y moved into the home. This shows that he was able to move around independently with the assistance of a zimmer frame. Mr X says that staff should have ensured that the zimmer frame was in the correct place when it checked on him during the night. However, Mr Y was able to get in and out of bed independently. He also usually placed the zimmer frame next to his bed at night and had access to a call bell if he needed help. I understand, Mr X says the care assessment was not sufficient, but I can see this was reviewed every month to ensure Mr Y’s needs were met. Therefore, it is unlikely I could find fault.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because it is unlikely I could find fault by the Council.

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Investigator's decision on behalf of the Ombudsman