Summary: The Care Provider reimbursed Mrs Y a significant amount of the care fees paid in acknowledgment of her complaint about poor care. This is a satisfactory remedy.

The complaint

1. Ms X complains about the care provided to her grandmother, Mrs Y, at Gracewell of Weymouth Residential Care Home, (now known as Anning House) during a four-week respite stay. She says:

1. Mrs Y lost 10% of her body weight in just over 2 weeks.
2. There was confusion over medication.
3. Support with personal care was inadequate.
4. Drinking water was stale.

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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. If they have caused an injustice we may suggest a remedy. (Local Government Act 1974, sections 34 B, 34C and 34 H(3 and 4) as amended)
3. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I have:

• considered the written complaint;
• considered correspondence between Ms X and the Care Provider;
• considered the Care Provider’s response to our initial enquires;
• considered relevant legislation.

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What I found

Relevant legislation

6. The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 set out the fundamental standards those registered to provide care services must achieve. The Care Quality Commission (CQC) has issued guidance on how to meet the fundamental standards below which care must never fall.
7. Regulation 9 Person Centred Care says Care Provider must do everything reasonably practicable to make sure that people who use the service receive person-centred care and treatment that is appropriate and meets their needs.

What happened

8. Mrs Y was resident in the care home between 7 - 22 June 2021.
9. Ms X says the care home failed to provide a diet that was to Mrs Y’s liking, consequently she did not eat and lost a considerable amount of weight in two weeks. Mrs Y prefers plain food which the care home was aware of this prior to her admission. It gave assurances that Mrs Y’s preferences would be met. Mrs Y described the food as ‘themed’ and the only alternative offered was a jacket potato or omelette. Ms X says Mrs Y weighed only 6st 2lb when she left the home
10. Ms X says as a result of inadequate support with personal care Mrs Y’s finger and toenails were also exceptionally long, like witches’ claws, and this caused her pain and discomfort.
11. On 16 June 2021, Ms X travelled some distance to visit Mrs Y and take her out for the day. She says she contacted the care home prior to her visit to ensure Mrs Y was prepared and that any necessary medication was available to take with them.
12. Ms X says on arrival at the care home she found Mrs Y washing alone on the bathroom floor. She also noted that a jug of drinking water was dated 14 June 2021. She asked care staff to change the water and the beaker, which she says they did, but the replacement beaker was just as stained.
13. When Ms X asked about necessary medication for the days outing, she says a nurse informed her she had accidently disposed of the medication, but it did not matter. When Ms X challenged the carers authority to make such decisions the carer left the room and returned with the medication. On checking all the medication, Ms X says there was an insulin pen that did not belong to Mrs Y, along with a pair of glasses that also did not belong to Mrs Y. Ms X says, that had she not checked the prescription this could have resulted in Mrs Y being given the wrong medication.
14. On two subsequent visits to the care home Ms X noticed the drinking water had again not been changed.
15. Ms X says the care home advertised luxury care in a safe environment, and this was not delivered. She says Mrs Y paid for a level of care that was not delivered and she should be reimbursed.
16. Ms X says the experience has caused Mrs Y ongoing anxiety and she is now very reluctant to go into any other care setting.
17. During this investigation, the Care Provider offered to waive the contractual notice period and reimburse Mrs Y £2350.30, just under half the total amount of care fees paid.
18. I consider this to be a satisfactory remedy. As such the complaint will be discontinued.

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Final decision

19. The Care Provider reimbursed Mrs Y a significant amount of the care fees in acknowledgment of her complaint about poor care. This represents a satisfactory remedy and the complaint will be discontinued.
20. It is on this basis the complaint will be closed.

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Investigator's decision on behalf of the Ombudsman