Summary: We will not investigate this complaint about details of the end-of-life care provided to Mrs F in a nursing care home because it does not meet the tests in our Assessment Code. This is both because there is not enough evidence of serious injustice we could remedy, and because we could not achieve significantly more than the care provider has already provided in its response.

The complaint

1. Ms B complains about aspects of care provided to her grandmother, Mrs F, towards the end of her life in a (nursing) care home. The matters include some of the nursing interventions, Covid-19 precautions, inconsistent communications with the family, and the disappearance of some of Mrs F’s personal possessions (ornaments) from her room. Ms B and her family are looking for answers but say the care provider’s responses raise more questions and cause the family more distress because the information is not consistent. Ms B wants the care provider to acknowledge not all its actions were correct, explain some of the clinical judgements around end-of-life care Mrs F received, and change its practices to avoid others having similar experience.

Back to top

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 the tests set out in our Assessment Code are not met, including if:

• the injustice is not significant enough to justify our involvement, or
• 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))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Care Provider’s response to her complaint.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Some of the care interventions, especially those around end-of-life care, are nursing interventions rather than the provision of social care, and therefore outside our powers to investigate. The care provider’s records show, however, it alerted family when Mrs F’s condition deteriorated, and she later died peacefully with staff present.
6. The Care Quality Commission is already aware the care home needs improvement in some respects, and it is better placed to achieve a general improvement than we are.
7. It is not in dispute Mrs F was nearing the end of her life, and there is no evidence in the complaint or the care provider’s response of a significant lack of personal care or of Mrs F suffering serious harm as a result. I recognise there will always be distress when a family member dies, but I have seen noting to suggest it was greater in this case because of something the care provider did or did not do.
8. It is not our role to investigate to provide Ms B with the answers she wants; it is unlikely we could add to the care provider’s response, including about what may have happened to Mrs F’s personal effects in the home.

Back to top

Final decision

9. We will not investigate Ms B’s complaint because it does not meet the tests in our Assessment Code, both because there is not enough evidence of significant injustice we could remedy, and because we could not achieve significantly more than the care provider has already provided in its response.

Back to top

Investigator's decision on behalf of the Ombudsman