Summary: We will not investigate this complaint about the care provided to the complainant’s mother. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is unlikely we could add anything to the response the complainant has already received or that we would recommend a different remedy.

The complaint

1. The complainant, Mr X, complains about the residential care his mother (Mrs Y) received. Mr X says another resident pushed Mrs Y over leading to life changing injuries.

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The Ombudsman’s role and powers

2. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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:

• 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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In its response to Mr X’s complaint the care provider said:
• A full investigation had been carried out.
• Team members had been interviewed.
• There were raised voices, but the carer with Mrs Y was slightly ahead of her and did not see what happened. There were no other witnesses.
• There was Insufficient evidence Mrs Y was pushed over by another resident.
• The resident who allegedly pushed over Mrs Y was in her doorway when the carer started to attend to Mrs Y. There was not time for the other resident to have made contact with Mrs Y and to have then returned to her doorway.
• Due to Mrs Y’s illness the care provider could not rely solely on her comments she was pushed.
• Its policy is not to move a resident if they fall and a fracture is suspected. This is why Mrs Y was left on the floor until an ambulance arrived.
• It would waive the outstanding bill of c£1400.
7. I understand how upset Mr X is by the issue at the heart of his complaint. But we will not start an investigation. This is because it is unlikely we could add anything to the response Mr X has already received. It is unlikely an investigation could ever establish exactly what happened. If we investigated, it is therefore unlikely we would recommend a different remedy to the one the care provider has already offered. An investigation is not therefore appropriate.

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Final decision

8. We will not investigate Mr X’s complaint. This is because it is unlikely we could add anything to the response Mr X has already received or that we would recommend a different remedy.

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Investigator's decision on behalf of the Ombudsman