Summary: We will not investigate Ms B’s complaint about her late grandmother’s, Mrs D’s Care Provider. This is because further investigation by the Ombudsman could not add to the Care Provider’s response or make a finding of the kind Ms B wants.

The complaint

1. Ms B says her late grandmother, Mrs D, was neglected by her Care Provider and is concerned abuse and neglect are being covered up by staff in the home. Ms B says she had to move Mrs D from the home because she was not safeguarded and sadly she died two weeks later. Ms B says correspondence received from the Care Provider do not match dates given by Mrs D’s GP. Ms B complained Mrs D did not receive appropriate pain relief medication and end of life care was not properly in place. Ms B says staff were rude and abrupt and said if she was not happy with the care Mrs D was receiving they should move her. Ms B says she is waiting for medical evidence and documentation from the Care Provider to show Mrs D had poor care and her grade three pressure sores were not properly treated or investigated. Ms B says she should not have to pay the month notice fee period because she moved Mrs D under concerns about safeguarding.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)

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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. I considered Ms B’s comments before making a final decision.

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My assessment

6. Ms B says Mrs D was receiving palliative care. The Care Provider confirmed Mrs D was not receiving end of life palliative care and could not say who advised Ms B this was the case. It said Mrs D had experienced an unwitnessed fall on 14 March. The Care Provider said Mrs D did not appear to be in any discomfort but was checked by staff. It noted there were no visible cuts or bruises. The Care Provider says Mrs D presented as she normally did throughout the rest of the day and ate and drank as usual. The following day Mrs D was checked by a nurse and although she did not report any pain or discomfort, because of the fall and concerns about her mobility, made a referral for an Occupational Therapist (OT) assessment.
7. The Care Provider says Mrs D reported discomfort in her leg on 16 March and was monitored closely. Mrs D was given pain relief medication based on her symptoms and distress level. The Care Provider says nurses used a pain assessment tool to assess the level of pain and administered pain relief medication as required. The Care Provider says on 17 and 18 March Mrs D reported further discomfort and increased the pain relief medication from one a day to four times a day. It says a nurse contacted the GP surgery on 18 March by telephone and followed this up with a fax informing the surgery of the fall and requested further pain relief. The Care Provider says it made a note to contact the GP surgery on Monday 22 March and request Oramorph another type of pain relief if Mrs D’s pain had not eased by then. The Care Provider says despite several attempts to chase the medication it failed to arrive on the 19. It says although it had enough stock and had not run out, as a precautionary measure it sought to replenish stocks and contacted the out-of-hours medical service to obtain a prescription for Mrs D. As previously planned, it contacted Mrs D’s GP on 22 March who prescribed pain relief patches and advised to administer Oramorph orally as and when needed. The GP reviewed the medication prescribed on 23 and 30 March.
8. The Care Provider confirmed Mrs D was not screaming out in pain, staff were monitoring her situation and all her care needs were met. It says it contacted the GP surgery several times via email, fax, telephone calls and e consultation and discussed amongst other things, her fall, Ms B’s expectations and wishes regarding Mrs D’s care, her wellbeing and pain relief. We could not say, as Ms B says, why these contacts do not match the records of the GP surgery. We could not now provide a remedy to Mrs D for any fault an investigation might uncover as she is now deceased.
9. The Care Provider apologised for the upset caused by comments made by staff and for being given different information regarding the closure of the home on 29 March due to an outbreak of Covid-19. We could not add to this or make a different finding even if we investigated.
10. Ms B says she is waiting for documentary evidence to show Mrs D was neglected by her Care Provider and concerns about her pressure sores were not properly considered by the safeguarding team. We could not remedy any injustice caused to Mrs D from the actions of her Care Provider now.
11. Ms B says she should not have to pay the notice period charges because she had to move Mrs D quickly. We could not say Mrs D should not have to pay the 28 day notice fee under the terms and conditions of the contract. If the Care Provider seeks recovery of the debt through the court, Mrs D’s executor can say why they believe it should not be paid.

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Final decision

12. We will not investigate this complaint. This is because further investigation by the Ombudsman could not add to the Care Provider’s response or make a finding of the kind Ms B wants.

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Investigator's decision on behalf of the Ombudsman