Summary: The Ombudsman will not investigate Mrs C’s late complaint about the care her mother, Mrs D received following discharge from hospital. This is because there is no good reason for him to disapply the law to investigate now and could not provide a different outcome to that Mrs C has already received.

The complaint

1. Mrs C complains about the care her mother, Mrs D received when she was discharged from hospital to an intermediate placement in February 2019. Mrs C says the room was unsatisfactory, small and stuffy, with low ceilings. Mrs C says the placement was inappropriate as Mrs D did not have Alzheimer’s. Mrs C says Mrs D did not receive appropriate meals and was not offered breakfast or lunch on the day she was there. In addition the care provider refused to call a GP resulting in Mrs C having to ask her GP to visit. Mrs C says when she took Mrs D out of the care home the following day no one was there to say goodbye or wish her well. Mrs C is concerned other residents are being placed in the home inappropriately.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

3. I considered the information and documentation Mrs C and the Council provided. I sent Mrs C a copy of my draft decision and considered her comments.

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What I found

4. Mrs C is concerned about the Intermediate placement Mrs D was discharged to on 24 February 2019. Mrs C removed Mrs D form the placement and took her home on 26 February 2019.
5. The law says complaints to the Ombudsman should be made:

(a) in writing, and

(b) before the end of the permitted period.

The permitted period means the period of 12 months beginning with—

(a) the day on which the person affected first had notice of the matter, or

(b) if the person affected has died without having notice of the matter—

(i) the day on which the personal representatives of the person affected first had notice of the matter, or

ii) if earlier, the day on which the complainant first had notice of the matter.

(3) A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint if there are good reasons.

6. Mrs D was resident in the home for two days in February 2019 before Mrs C removed her and took her home. Mrs C complained to the Council in December 2019 and received a response in January 2020.
7. The Council confirmed the ceilings are the same height throughout the home and are compliant with building regulations. It explained most of the rooms are the same size and are within acceptable limits. It said lunch is the main meal of the day, the evening meal is a lighter meal and there are always at least two options to choose from, it explained although the home has an dementia unit Mrs D was placed in an Intermediate bed and there were no concerns regarding Mrs D taking her prescribed medication or food. It said Mrs D arrived at 21:15 hours on 24 February having completed a course of antibiotics for a chest infection. The following day Mrs C requested a GP visit and a Nurse Practitioner visited on 26 February and prescribed another course of antibiotics. Mrs C took Mrs D home with her on that day.
8. The Council responded to Mrs C’s complaints and it is unlikely any further investigation by the Ombudsman could provide Mrs C with a different outcome. There is no good reason for the Ombudsman to disapply the law in this case.
9. Mrs C is concerned the placement is not suitable for other residents and smells. Mrs C can ask the Care Quality Commission (CQC to consider her concerns about the home. The CQC as regulator of care homes will decide whether Mrs C’s concerns require further consideration during its inspections. Information about the CQC can be found on the website below:

https://www.cqc.org.uk/contact-us

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Final decision

10. The Ombudsman will not investigate this complaint. This is because there is no good reason for him to disapply the law in this case.

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Investigator's decision on behalf of the Ombudsman