Summary: Mrs B complained about the standard of care provided to her late aunt at a care home. We have agreed the Council will now investigate the complaint. If Mrs B is dissatisfied with the outcome of the Council’s investigation then she can make a further complaint to us. We have discontinued the investigation.

The complaint

1. I will call the complainant Mrs B. She complains about the standard of care provided to her late aunt, Mrs X, at a care home. In particular, she has concerns over the circumstances leading to her aunt’s death in October 2019 and the administration of medication while her aunt was in the home. She also says the care provider’s responses to her complaint were inconsistent leaving unanswered questions. This has caused her, and other family members, much distress.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. 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)
3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered the complaint and documents provided by Mrs B and spoke to her. I asked the Council to comment on the complaint and provide information. I sent a draft of this statement to Mrs B and the Council and considered their comments.

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What I found

5. Mrs X moved into the home in late 2015. She paid for her own care but when her funds dropped below the required level the Council became responsible for funding her care at the home. The key events relevant to this complaint happened after February 2019 when the Council became responsible so the complaint is considered to be against the Council.
6. Mrs X and other members of the family complained to the home and care provider. Mrs X was not satisfied with the responses she received so complained to us.
7. When I asked the Council for its comments on the complaint it said it had not considered the complaint under its procedures and would like to do so now.
8. Before we consider a complaint the Council should have had chance to consider it and respond. Here the care provider did not signpost Mrs B to the Council in its final response but to us. That would have been right if Mrs X had been funding her own care but by the time of the events complained of the Council was the responsible funding authority. We asked the Council about the complaint in the summer and it said it had not considered the complaint but it did not say that it wanted the chance to do so. I therefore consider the Council has had notice of the complaint and it would be reasonable to proceed with an investigation. But it was clear when I spoke to Mrs B that she wanted to raise a further matter which the Council would need to have chance to consider and could not be incorporated into this complaint. Also the Council might be able to look at more matters than we can. It has therefore been agreed that the Council will now investigate her complaint.
9. If Mrs B is not satisfied with the response then she can make a further complaint to us. This means I am coming to no view on whether there is fault.

Agreed action

10. The Council will investigate the complaint.

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Final decision

11. The investigation is discontinued.

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Investigator's decision on behalf of the Ombudsman