Summary: We will not investigate Mrs C’s complaint about the contact she had with her late mother’s, Mrs E’s, care provider and difficulties in arranging to visit her. This is because further investigation could not add to the care provider’s response or make a different finding of the kind Mrs C wants.

The complaint

1. Mrs C complained about lack of communication and difficulties in arranging to visit her late mother, Mrs E, when she was receiving end of life care. Mrs C says she was told she could not visit when she first requested to see Mrs E, and it was only when she escalated her request she was allowed a 30-minute visit to see her the following day. Mrs C says if she had not been persistent she would not have been able to see Mrs E before she passed away. Mrs C says it was very insensitive to ask for the name of the funeral directors at such a difficult time and is very concerned that staff lied about contacting her to advise of Mrs E’s deterioration on the day she visited. Mrs C says the home should have a proper end of life care policy to include contact with bereaved relatives and offer support and condolences. Mrs C says staff found to be lying should face disciplinary action.

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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:

• the action has not caused injustice to the person who complained, or
• 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, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

6. The care provider investigated Mrs C’s complaints. It explained the care, support and medication Mrs E received at the end of her life. The care provider explained Mrs E was receiving palliative care and family members had visited a few days before she died. It could not say what went wrong when Mrs C asked to visit and confirmed it had not stopped end of life visits even though it was a change to its policy during the Covid -19 pandemic. It explained staff sought advice on making special allowances for Mrs C’s new-born granddaughter to enter the home. It said it had spoken to staff who reflected on the call and agreed Mrs C should have been offered an earlier visit. The care provider apologised this did not happen.
7. The care provider has acknowledged Mrs C should have been allowed to visit Mrs E in line with its amended end of life policy and we could not add to this or make a different finding even if we investigated.
8. The care provider apologised for the upset caused to Mrs C for asking about details of funeral directors and acknowledged this information should have been recorded on end-of-life arrangements sooner given the length of time Mrs E had lived in the home. We could not make a different finding if we investigated this point.
9. The care provider said it always sends a message of condolence to families and confirmed a card and letter had been sent to Mrs C. It apologised Mrs C had not received it. We could not add to this or make a different finding even if we investigated.
10. Mrs C was unhappy with the care provider’s response particularly with reference to receiving a call on the date she had visited Mrs E saying it had advised her of the deterioration in Mrs E’s health. Mrs C says she did not receive any calls on that day. The care provider says records show Mrs C was contacted on this date. Mrs C pursued this point as she had not received a call from the care provider and further investigation into the call logs showed the call was made a few days previously. The care provider apologised for the confusion and reminded staff of the importance of accurately documenting dates and times of all contacts with relatives. We could not make a different finding even if we investigated and cannot tell care providers to dismiss staff as Mrs C wants.

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Final decision

11. We will not investigate this complaint. This is because further investigation could not add to the care provider’s response or make a different finding of the kind Mrs C wants.

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Investigator's decision on behalf of the Ombudsman