Summary: The Ombudsman will not investigate Mrs X’s complaint about how the Care Home investigated her concerns about its care of her mother. This is because the complaint is late. In addition, Mrs X has instructed solicitors to start legal proceedings against the Care Home and it would be reasonable for her to continue with this.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complains on behalf of her mother, Mrs Y, and herself. Mrs X says The Order of St Augustine of the Mercy of Jesus (the Care Home) failed to properly investigate her concerns about abuse Mrs Y allegedly suffered whilst in its care. She also complains it failed to respond sufficiently to her complaints.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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 care home has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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)
5. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

6. I have considered Mrs X’s complaint and the information she provided. I have considered the Care Home’s response to my enquiries. I gave Mrs X the opportunity to comment on my draft decision.

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What I found

What happened

7. Mrs Y was a resident in the Care Home. In 2017 Mrs X said Mrs Y suffered bruising and marks whilst in its care. Mrs X complained to the Care Home.
8. In response the Care Home told Mrs X its investigation did not find enough evidence of the alleged abuse or risk to Mrs Y.
9. Mrs X said Mrs Y suffered injuries again in 2018 whilst under the care of the Care Home. Six months later, she complained to the Care Home.
10. The Care Home arranged a meeting with Mrs X. It told her it had not found concerns about its care.
11. Mrs X was not happy with the Care Home’s investigation of her complaint and its response. She wants to know what caused Mrs Y’s injuries. Mrs X contacted the Council. It decided it was not possible to say whether harm had occurred due to the time that had passed.
12. Mrs Y died in late 2018. Mrs X continued to complain about the Care Home to the Council and complained to us in 2020.
13. Since complaining to us Mrs X told us she has instructed solicitors to start legal proceeding against the Care Home.

Assessment

14. The Ombudsman will not investigate this complaint.
15. The events Mrs X complains about occurred in 2017 and 2018. We would normally expect someone to complain within 12 months of them becoming aware of the matter. So, the complaint is late, and there do not appear to be good reasons for us to investigate now.
16. Even if the complaint was not late, Mrs X said she has instructed solicitors to start legal proceedings against the Care Home. As the legal action relates to the same issues she has brought to us, I think it would be reasonable for her to continue with this.
17. As we are not investigating the substantive part of Mrs X’s complaint, it would not be good use of public resources to investigate the Care Home’s complaints handling.

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Final decision

18. We will not investigate this complaint. This is because the complaint is late. In addition, Mrs X has instructed solicitors to start legal proceedings against the Care Home and it would be reasonable for her to continue with this.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman