Summary: We will not investigate this complaint about what happened when Mr X’s mother suffered a fall outside the care home where she lives. This is because the Care Provider has offered a suitable remedy and accepted fault and there is nothing further we could achieve from investigating this complaint.

The complaint

1. Mr X complains on behalf of his mother, Mrs Y. Mr X says the care home failed to follow Mrs Y’s care plan which resulted in her suffering a fall and breaking her leg. Mr X says the care home expected the family to take her to hospital and failed to arrange for medical attention for Mrs Y. Mr X says he is unhappy with the care home’s response as he feels it has not taken full responsibility for what happened.
2. Mr X says the family have been caused significant distress as a result of the incident and have incurred costs.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code and Guidance on Remedies.

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My assessment

6. The Care Provider has apologised for what happened and offered to refund one month of Mrs Y’s fees as a way of acknowledging the impact events had on her and the family. This amounts to £5040.
7. I have considered the Care Provider’s response to the complaint, and it is unlikely we would find further fault or achieve any additional remedy for Mr X and Mrs Y. Therefore, we will not investigate this complaint.
8. I have considered whether there are any wider public interest issues to consider but this was an isolated incident and the Care Provider has accepted fault and offered a remedy. Therefore, there are no wider public interest issues for us to investigate.

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Final decision

9. We will not investigate Mr X’s complaint because it is unlikely an investigation by the Ombudsman would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman