Summary: The Ombudsman will not investigate Mrs X’s complaint about the service her late father Mr Y received from a care provider. The care provider has apologised and acted in response to Mrs X’s concerns about its staff and service. These are the outcomes the Ombudsman would have sought here. An Ombudsman investigation would not achieve any further outcome.

The complaint

1. Mr Y was in a care home run by the care provider, receiving end-of-life care. Mrs X complains about the lack of care and compassion provided to Mr Y and family on the night he died. Mrs X says care staff:
1. did not know how to cope with the death and some had to be consoled by family members;
2. did not enter the room after Mr Y had died
3. did not lay out Mr Y, call the district nurses to certify the death, or call the undertaker, all of which had to be done by Mrs X and her family;
4. had to ask the family the time of Mr Y’s death.
2. Mrs X says the care provider let down Mr Y and the family at a crucial and distressing time and did not allow Mr Y his dignity. She says they did not get the service they paid for. Mrs X wants an investigation of overnight care at the home.

Back to top

The Ombudsman’s role and powers

3. 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)
4. 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 could add to any previous investigation by the care provider, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, sections 34B(8) and (9))

Back to top

How I considered this complaint

5. As part of my assessment I have:
• considered the complaint and the documents provided by Mrs X;
• issued a draft decision, inviting Mrs X to reply.

Back to top

What I found

6. The care provider has investigated the events giving rise to Mrs X’s complaint. They reviewed relevant care plan documents, care records and staff training records, and interviewed staff.
7. In response to the complaint, the care provider apologised to Mrs X for the distress caused. The firm also sets out the actions it would take with staff to improve future care, including further training and changes to its policies and procedures when providing end-of-life care. The care provider also followed its disciplinary procedure with staff involved.
8. If the Ombudsman were to investigate this complaint, the key remedy he would seek would be an apology. He would also seek information from the care provider on actions they intended to take to improve their service when dealing with clients’ deaths.
9. The firm has already provided the outcomes the Ombudsman would have sought here. The Ombudsman will not investigate because there is no significant additional outcome he could now achieve for Mrs X and her family here.
10. The Ombudsman cannot make recommendations for care providers to take disciplinary action against staff. The disciplinary action the care provider has taken is beyond what an Ombudsman investigation could achieve.

Back to top

Final decision

11. The Ombudsman will not investigate this complaint. This is because:
• the care provider has put in place the remedies the Ombudsman would have sought if the firm had not already done so;
• there is no further outcome the Ombudsman would be likely to achieve for Mrs X.

Back to top

Investigator's decision on behalf of the Ombudsman