Summary: We will not investigate this complaint that a care home will not allow the complainant to have contact with his wife. This is because there is insufficient evidence of fault by the care home.

The complaint

1. The complainant, whom I refer to as Mr X, complains that a care home will not allow him to speak to his wife.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I read the complaint and the response from the care provider. I considered records relating to Mrs X and comments Mr X made in reply to a draft of this decision.

Back to top

What I found

What happened

4. Mrs X is a resident in a care home. Mr X complained to the home that he was denied contact with his wife.
5. The care home explained to Mr X that his wife stated that she does not want contact with him and the home has to respect her wishes. The home asked Mr X to stop calling.
6. Mr X does not accept the home’s response. He says he managed to speak to his wife on the phone and she wanted to know why he had not called or visited. Mr X states his wife is being controlled by another family member and by staff at the care home.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the care provider. I have seen records which show that Mrs X has clearly stated, to the care home and to a social worker, that she does not want contact with Mr X. The records also state she has the capacity to make decisions. There is no suggestion of fault by the care home because it is following Mrs X’s wishes.

Back to top

Final decision

8. I will not start an investigation because there is insufficient evidence of fault by the care provider.

Back to top

Investigator's decision on behalf of the Ombudsman