Summary: Mr J complains the Care Provider failed to respond to his concerns raised about the medical condition of his late mother, Mrs G. He says management failings meant Mrs G did not receive the appropriate care she should have. We find fault by the care provider for not responding to Mr J’s concerns, which caused him uncertainty and distress, but not in the manner it handled Mrs G’s care. The Care Provider has already provided an apology, and has offered a further remedy.

The complaint

1. The complainant whom I shall refer to as Mr J, complains the Care Provider;

• Failed to respond to a letter raising concerns about his late mother Mrs G’s medical condition, and
• Failed in the delivery of care to Mrs J by not procuring appropriate medical services to deal with her complaints.

2. Mr J says this caused him uncertainty and distress, and Mrs G suffered pain and discomfort in the last months of her life. He says the lack of communication by the Care Provider meant he was unable to consider other options for Mrs G’s care.
3. Mr J would like the Care Provider to admit their failings and apologise, look at lessons that can be learnt and waive the outstanding contract termination sum owed to the Care Provider by Mrs G’s estate.

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The Ombudsman’s role and powers

4. 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. (Local Government Act 1974, sections 34B and 34C)
5. If an adult social care provider’s actions have caused an injustice, we may suggest a remedy. (Local Government Act 1974, section 34H(4))
6. If we are satisfied with a Care Provider’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

7. In considering this complaint I have:

• Read Mr J’s complaint and discussed it with him on the telephone;
• Made enquiries of the Care Provider and reviewed its responses;

8. I invited Mr J and the Care Provider to comment on a draft decision and considered any comments made in response.

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What I found

9. Mrs G was a resident at Sunrise of Frognal, Sunrise Senior Living (the Care Home). She had been at the Care Home since 2013.
10. In November 2020 Mr J wrote a letter to a manager at the Care Home, raising concerns about Mrs G’s medical condition after he spoke to her online. Mr J requested details of Mrs G’s condition and her treatment plan.
11. An administrator at the Care Home acknowledged the letter and said it had been forwarded onto the relevant manager to respond.
12. A response to the letter was never received.
13. In response to Mr J’s complaint to the Care Home, it accepted fault for not responding to Mr J’s letter in November 2020. It said the administrator failed to pass the letter on, and that person has now left the Care Home. The Care Home apologised and said it had reiterated the importance of passing all complaints and concerns to the General Manager.

Care received between November 2020 and January 2021

14. Mr J is concerned about the level of care provided to Mrs G during the period from his letter in November 2020 until the time of her death on 31 January 2021. He feels had his letter been responded to then he and his family could have considered other options, such as private medical services.
15. The Care Home said it is a residential care home and is not registered as a nursing home. It said Mrs G had been referred to the District Nursing Service and NHS Trust and was under their care.
16. Progress reports throughout November 2020, December 2020 and January 2021 record Mrs G was in regular contact with a District Nurse, GP, Podiatrist and was in hospital where admission was required. The records show there was regular visits from medical services and the Care Home contacted relevant services when it had any concerns.
17. Care logs recorded daily interactions with Mrs G and what personal care was provided. Care needs assessments, wound charts and service plans had been completed by the care home.
18. The Care Home recorded when Mrs G was taken to hospital and information it received when she was discharged.
19. The Care Home said that on 27 and 28 January 2021, the District Nurse was not able to attend so the District Nurse instructed a Senior Carer at the Care Home to treat Mrs G’s legs. A further planned visit by the District Nurse on 29 January 2021 did not take place as a GP had been called to see Mrs G. On 30 January 2021, carers found Mrs G was not responding as usual and an Ambulance was called which took her to hospital.
20. On 31 January 2021, Mrs G passed away whilst in hospital. Primary causes of death were recorded as Systemic Sepsis, Urinary Tract Infection and Infected Leg and Buttock Ulcers as well as general frailty and poor mobility.

Analysis

Letter raising concerns

21. The Care Home has acknowledged it was at fault in failing to pass the letter on. This caused uncertainty and distress for Mr J. The Care Home acted appropriately by apologising and reminding staff of the importance of passing communications on.

Care received between November 2020 and January 2021

22. I have reviewed the daily care notes, progress reports and various assessments and plans sent to me by the Care Home in response to my enquiries.
23. The Care Home was not responsible for the medical care of Mrs G, but did have a responsibility to notify relevant medical services where required to attend to Mrs G. Having reviewed all the documentation provided I am satisfied that the Care Home provided the service it was required to do so. It did carry out some treatments in January 2021, but this was under the direction of the District Nurse, who was unable to attend. I do not find fault by the Care Home in this aspect of the complaint.

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Agreed action

24. The Care Provider has already apologised for not responding to Mr J’s letter and said it has reminded its staff of the importance of passing on such correspondence.
25. In response to my enquiries, it has also offered to reduce the sum owed by Mrs G’s estate to it by £250.
26. In addition, the Care Provider has offered to make a £250 donation to a charity of Mr J’s choosing, in the name of Mrs G.
27. I consider the remedies offered above are suitable for the fault found in this case. The remedies should be completed within one month of a final decision and evidence of completion should be provided to the Ombudsman.

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Final decision

28. I uphold a finding of fault causing injustice against the Care Provider for the reasons set out in this statement. The Care Provider has partially remedied the fault, and offered further remedy during this investigation, which is suitable to remedy the injustice in this case.

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Investigator's decision on behalf of the Ombudsman