Summary: The Ombudsman will not investigate Ms X’s complaint about the care home’s visiting policy during the COVID-19 pandemic. This is because there is not enough evidence the care home’s actions have caused Ms X or her mother significant personal injustice.

The complaint

1. The complainant, whom I shall refer to as Ms X, complained about the care home’s visiting policy during the COVID-19 pandemic. Ms X’s mother is a resident of the care home. Ms X complained the care home’s policy unfairly disadvantaged some residents, including her mother.

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The Ombudsman’s role and powers

2. This complaint involves events that occurred during the COVID-19 pandemic. The Government introduced a range of new and frequently updated rules and guidance during this time. We can consider whether the care provider followed the relevant legislation, guidance and our published “Good Administrative Practice during the response to COVID-19”.
3. 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. (Local Government Act 1974, sections 34B(8) and (9)))

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How I considered this complaint

4. I considered information provided by Ms X and the care provider.
5. I considered the Ombudsman’s Assessment Code.
6. I gave the complainant the opportunity to comment on a draft decision and considered any comments received.

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My assessment

7. Ms X’s mother is a resident of the care home. The care home allowed each resident five visitors per week. Each visitor could spend one hour with the resident.
8. Ms X complained to the care provider this disadvantaged her mother because she was her only visitor. This meant she could only have one hour of visits per week. But a resident with five different visitors could spend five hours with friends or relatives. Ms X only became aware of the policy when she tried to visit her mother more than once in a week. In its responses to Ms X’s complaints the care provider said its policy was based on a risk assessment. It had also extended its visiting hours and relatives could book extra visits in the care home’s garden, meeting hub, or take residents out during visits.
9. We use our Assessment Code to decide which cases we should investigate. We do not investigate all the complaints we receive. One of the tests we consider is how much injustice the alleged fault has caused.
10. I understand Ms X is frustrated by the care home’s policy. But in her complaint to the care provider Ms X explained she lives a six hour round journey from the care home. Ms X said there would only be a few occasions when it would affect her. I am not therefore persuaded Ms X or her mother have been caused enough significant injustice to warrant us investigating.
11. The situation with COVID-19 has also now changed significantly. The vaccination programme is well underway and many care homes have changed their policies based on new guidance from the Government. It is now much easier for relatives to visit care homes – although unfortunately some restrictions are still needed. So, even if we were to investigate, it is difficult to see what more we could now achieve for Ms X.

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Final decision

12. We will not investigate Ms X’s complaint. This is because there is not enough evidence the care home’s actions have caused Ms X or her mother significant personal injustice.

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Investigator's decision on behalf of the Ombudsman