Summary: Ms X complained about the quality of care provided to her late mother at a care home. We have discontinued the investigation as Ms X’s sibling has started legal action against the care provider and this will consider matters raised in the complaint.

The complaint

1. Ms X complained about the quality of care provided to her late mother, Mrs Y, at the care home. Ms X complained the care home failed to provide adequate catheter care and personal care and failed to ensure Mrs Y was eating and drinking adequately. She said this resulted in her becoming malnourished, dehydrated and with kidney damage due to an untreated urinary tract infection. Ms X said she had to remove Mrs Y from the care home and care for her placing her and other family members under significant strain.

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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. If they have caused an injustice we may suggest a remedy. (Local Government Act 1974, sections 34 B, 34C and 34 H(3 and 4) as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I have considered Ms X’s complaint and have discussed it with her on the telephone. I have considered some information provided by the care provider.
5. I gave Ms X and the care provider the opportunity to comment on a draft of this decision and considered any comments I received in reaching a final decision.

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What I found

6. Mrs Y moved into the care home in August 2018. Mrs Y had a catheter. In May 2019 the family raised a formal concern with the care home about Mrs Y’s catheter care. The care provider investigated the concern and identified a training need. Following this staff training was provided.
7. In October 2019 Ms X met with staff at the home to discuss further concerns and in November 2019, the family raised a further formal concern about Mrs Y’s catheter care. The investigation identified some issues and the care provider introduced some procedural changes.
8. Ms X says her, or her sibling, visited Mrs Y every day and ensured she was eating and drinking. However, in March 2020, due to the COVID-19 pandemic, visiting was stopped. In April 2020, Ms X tried to arrange a video call with Mrs Y. She had concerns about the care provided to Mrs Y and arranged for her to be temporarily discharged to Ms X’s home. Mrs Y was later admitted to hospital. Following this Ms X gave notice to terminate the placement and raised concerns about the care provided to Mrs Y.
9. The care provider investigated Ms X’s concerns. It found some shortfalls in care including a lack of detailed documentation in relation to catheter care, the catheter care plan was not strictly adhered to and inaccuracies in relation to fluid input and catheter output. It made a number of recommendations to address the shortfalls identified.
10. Ms X remained unhappy and complained to us. Mrs Y died in late 2020.
11. Ms X has since confirmed her sibling has started legal action against the care provider. I have therefore discontinued the investigation as the court will probably consider the same matters that have been raised in Ms X’s complaint. I do not consider I can separate out any matters that I can investigate which are not inextricably linked with those the court will be asked to consider.

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Final decision

12. I have discontinued my investigation as the pending legal action will consider the same matters raised in the complaint.

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Investigator's decision on behalf of the Ombudsman