Summary: The Ombudsman will not investigate this complaint about alleged staff rudeness and abuse at a care home. This is because there is no worthwhile outcome achievable through further investigation of the issues relating to the complainant, and she does not have authority to complain on behalf of her brother.

The complaint

1. The complainant, who I refer to here as Ms T, says that:
• When she went to visit her brother at this care home, the receptionist was rude when she arrived;
• The senior carer walked into her brother’s room without knocking and was abusive and confrontational to him and to Ms T;
• The Care Provider has not properly investigated how Ms T’s brother’s patio key got lost and subsequently turned up in the laundry;
• The Care Provider inappropriately interviewed Ms T’s brother regarding the complaint; and
• The Care Provider has not investigated the complaint properly.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers. 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))

3. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
4. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

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How I considered this complaint

5. I have considered the information provided by Ms T and by the Care Provider. I have also sent Ms T a draft decision for her comments

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What I found

6. Ms T’s brother resides in a care home. During the COVID-19 pandemic, Ms T and her husband went to visit her brother at the Home.
7. Ms T says that they had permission to visit, but that on their arrival, the reception staff member was very rude and unwelcoming. She further says that during the course of the visit, staff were confrontational to them and to her brother.
8. Ms T complained, but her complaint was not upheld.
9. The Care Provider’s response says that Ms T’s husband was told, before they came to the Home, that visits were not allowed due to the COVID-19 restrictions, and that they ignored this. The Care Provider further says that it was Ms T who was abusive and confrontational.
10. Ms T says that the Care Provider’s response is untrue. She has now complained to the Ombudsman, but I will not investigate the complaint.
11. I cannot accept a complaint from Ms T on behalf of her brother, as she does not have his consent to bring a complaint or to share his data. Ms T says that he does not have capacity to give informed consent, but if that is the case, I would be unable to accept Ms T as a suitable representative. This is because someone else holds Power of Attorney for Health and Welfare for Ms T’s brother, and is more appropriate to bring any complaint on his behalf. Additionally the response from the Care Provider indicates that it believes Ms T’s brother is happy with the Home and would not support the complaint. I recognise that Ms T disputes what the Care Provider says regarding her brother’s abilities and views, but as I have no evidence that he does lack capacity, I cannot consider the matter.
12. I will not investigate Ms T’s complaint on her own behalf, because the accounts provided by her and by the Care Provider are very different. I am not able to make an evidence based decision about which version is accurate, so I am unable to come to any conclusion. Further investigation would not change this outcome.
13. Ms T also complains that the Care Provider did not investigate the complaint properly, but it is not a good use of public resources for us to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

14. I will not investigate this complaint. This is because Ms T does not have consent to complain on behalf of her brother, and I cannot achieve a worthwhile outcome in respect of the issues relating directly to Ms T.

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Investigator's decision on behalf of the Ombudsman