Summary: Mrs X alleges neglect of her mother at a care home and also complains about the attitude of care home staff. There was fault with the recording of health matters involving Mrs X’s mother by the care home. However, the identified failings did not cause Mrs X’s mother an injustice that now warrants further pursuit of the complaint by the Ombudsman.

The complaint

1. I refer to the complainant here as Mrs X. Mrs X alleges neglect of her mother at a care home. She also complains about the attitude of staff at the care home.
2. Mrs X says:
• The attitude of the care home staff was unprofessional and false accusations were made against her and her family.
• Her mother was given sedating medication without any consultation.
• Her mother was only showered once a week and sometimes dressed in another resident’s clothes.
• Her mother had a fungal infection under her breasts and her personal care was neglected.
• Her mother suffered severe bruising from an unwitnessed fall.
• A dedicated phone line for calls during a lockdown period was not answered and booked calls were not answered.
• There were problems during planned visits with her mother.
• Her mother had severe piles but this was not picked up by the care home.
• Her mother was evicted due to the concerns she raised.
• The care home sent one response to her complaint but afterwards failed to reply to her correspondence.
3. Mrs X wants the care home to respond to her outstanding queries; apologise for its actions; and issue a refund for her mother’s care during the time of neglect.

Back to top

The Ombudsman’s role and powers

4. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint,
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6))

5. If we are satisfied with a council’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)

Back to top

How I considered this complaint

6. I considered the complaint and background information provided by Mrs X. I discussed matters with Mrs X by telephone. I sent a draft decision statement to Mrs X and the Council and invited the comments of both parties on it.

Back to top

What I found

7. Mrs X’s concerns about her mother’s care were referred to the local authority in the area where her mother resides. That authority conducted a safeguarding investigation. For reasons of confidentiality, I will not repeat here all the findings of the report on the various allegations Mrs X made.
8. The investigation concluded the care home completed all daily care needs involving personal care as set out in Mrs X’s mother’s support plan. The report stated the care home ensured her mother received medical attention after an unwitnessed fall.
9. However, the report expressed concern that the care home did not report an unwitnessed fall by Mrs X’s mother to Essex County Council’s social services or to the authority where Mrs X’s mother resides.
10. The report also expressed concern that the care home advised Mrs X to purchase eye drops for her mother but the home did not itself follow up on the matter. The officer concluded neglect had occurred with managing of Mrs X’s mother’s eye condition as the care home records did not show a proper treatment plan.
11. The report noted the care home considered redness on Mrs X’s mother’s chest was caused by her bra rubbing against her skin. However, when Mrs X’s mother moved to a new care home she was prescribed an antifungal cream which cleared up the redness. The safeguarding officer noted there was no clear action plan by the care home on how to treat the redness. He concluded there was a suggestion of neglect due to the lack of action.
12. Overall, the safeguarding officer concluded the care home needed to review its actions when handing over clients to a new care home; ensure medical treatments are recorded on support plans; and provide more details on adult personal care on the support plans.
13. The safeguarding report was passed to the care home. Mrs X wrote to it with her concerns but the care home did not respond.

Findings

14. There are clearly identified failings by the care home documented in the safeguarding report. This leads me to a finding of fault.
15. And the injustice? Where we find fault by a care home or local authority we must go on to consider the injustice caused and a possible remedy for the injustice.
16. In this case, I do not find the injustice caused to Mrs X’s mother through the identified failings of the care home was significant to now warrant further pursuit of the complaint by, or a remedy from, the Ombudsman.
17. The Ombudsman is statutorily barred from investigating complaints involving personal injury. So, I cannot offer a remedy if Mrs X’s mother’s health was affected by the identified failings. In terms of any other impact other than health, I do not find the care home’s failings caused significant injustice to Mrs X’s mother. The identified failings did not lead to a serious or significant impact on Mrs X’s mother and the safeguarding report already included recommendations for improvement of the care home’s services.
18. I note Mrs X says her mother was evicted from the care home because she raised concerns about her mother’s care. However, the care home served notice on her mother because of an alleged assault on one of its staff.
19. I note Mrs X’s dissatisfaction because the care home responded once to her complaint but did not respond to her other correspondence. The care home may operate a one stage complaint procedure but it does not appear Mrs X was informed of its complaints procedure or how the procedure works with that of the funding authority which in this case is Essex County Council. I urge Essex County Council to now ensure the care home informs its residents and their families of the complaints procedure as well as provide specific information on Essex County Council’s own complaints procedure.
20. Essex County Council’s adult social services should also consider the findings of the safeguarding investigation and ensure it is included in any review of its use of the care home for placements.

Back to top

Final decision

21. There was fault by the Council. The identified failings did not cause Mrs X’s mother significant injustice to warrant further pursuit of the complaint by, or a remedy from, the Ombudsman.

Back to top

Investigator's decision on behalf of the Ombudsman