Summary: We will not investigate Ms B’s complaint about errors in her care plan. This is because the care provider has apologised for the fault and we are satisfied this remedies the injustice caused to Ms B.

The complaint

1. Ms B complained her care provider wrote a care plan containing information about her which is inaccurate and misleading. Ms B says she was not consulted about the plan and was alarmed to see her care plan written as a cancer plan, a condition she does not have. In addition, Ms B says she waited three months for a copy of the care provider’s complaint procedures and had to request it five times. Ms B says she apologised for her behaviour which was as a result of a sudden withdrawal of her medication and says the care provider should accept her apology and not send two people to attend to her.

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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)

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How I considered this complaint

3. I considered the information and documentation provided by Ms B and the care provider. I sent Ms B a copy of my draft decision for comment, discussed her concerns with her and considered her comments.

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What I found

4. Ms B was unhappy with inaccuracies contained in her care plan, including reference to her tending to make accusations. Ms B says she reported some members of staff for abuse and was alarmed to read her care plan was written as a cancer plan.
5. The care provider says the manager wrote Ms B’s care plan in detail and gave it to her to read in her own time and invited her to comment before finalising it. The care provider says it always writes care plans in the first person. Ms B was upset by some of the information in the care plan as it was not how she saw her care needs or how she presented. Unfortunately, by mistake the manager wrote a care plan for cancer care which had Ms B’s name on it. The manager apologised for completing the wrong form and rewrote the plan trying to incorporate Ms B’s views but ensuring it met her presenting needs.
6. The care provider says Ms B raised allegations about staff members attitude towards her, which were dealt with in supervision in accordance with its policy. The care provider says Ms B has made a number of allegations about staff and it has completed a risk assessment and a care plan incorporating how it will deal with the allegations. The care provider says Ms B does not agree with this.
7. We could not say the care provider should remove information from the care and risk plan as Ms B wants. Ms B can ask the care provider to include her views in the plan so there is a record of them.
8. The care provider says care plans are written electronically. It says following discussion with Ms B it discontinued the cancer plan which was written in error, however, Ms B asked for a copy of the plan with error written on it. The care provider refused and said she already has a copy of it with her other plans. Ms B said she wanted an apology which had been given verbally. The care provider wrote to Ms B apologising for completing the wrong plan and explained the reason for the risk assessment and its responsibilities. We could not add to this or make a different finding even if we investigated and are satisfied an apology remedies the injustice caused to Ms B.
9. Ms B says she requested access to the complaints procedures five times and it took the care provider three months to provide her with a copy. Ms B now has a copy of the complaints procedures. We do not normally investigate how a care provider has handled a complaint if we are not investigating the substantive matter. That is the case here. However, we expect care providers to ensure residents have easy access to its complaints processes.

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Final decision

10. We will not investigate this complaint. This is because the care provider has apologised for the fault and we are satisfied this remedies the injustice caused to Ms B.

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Investigator's decision on behalf of the Ombudsman