Summary: We will not investigate Mr X’s complaint about the residential care received by his late wife, Mrs X. This is because further investigation will not add to the Care Home’s response

The complaint

1. Mr X complained about the standard of residential care his late wife, Mrs X received. He said the Care Home failed to meet her basic care needs. He said it failed to:
• ensure Mrs X’s finger and toenails were cut resulting in the nails growing into the skin;
• wash and moisturise her feet causing dry skin;
• identify Mrs X had a fungal nail infection;
• wash her hair leaving stains on her pillow;
• keep her dentures clean.
2. He also said Mrs X had red eyes; and that she had been prescribed medication without the knowledge of the family. He said he was not told that Mrs X stopped eating and drinking before she was admitted to hospital and questioned why the Care Home did not contact the wider family to see if they could encourage her to eat and drink.
3. Mr X wants individual staff members held to account for the neglect that he feels Mrs X experienced.

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The Ombudsman’s role and powers

4. 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:

• we could not add to any previous investigation by the organisation, or
• 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Care Home’s response to Mr X’s complaint it said:
• Mrs X’s fingernails were painted by its activities team at her request. Mrs X’s fingernails were not growing into her skin but were long and needed trimming. It trimmed them after Mrs X’s family raised the concern. It said it had asked its activities team to tell the nurse in charge when a resident’s nails became to long. It said there was no evidence of a fungal infection.
• Mrs X needed a chiropodist to have her toenails cut. Because of COVID-19 restrictions and the Care Home having an outbreak between October 2020 to March 2021, visits from the chiropodist were restricted. It said Mrs X had a visit in August 2020. It confirmed all external visits were based on Government guidance.
• It had spoken to the staff that cared for Mrs X who confirmed they had carried out personal hygiene for Mrs X. However, it apologised for not ensuring to regularly moisturise her feet.
• From September to November, Mrs X’s hair was regularly washed. However, following a decline in Mrs X’s condition it was not possible to continue washing her hair.
• Mrs X did not always allow care staff to remove her dentures. It said staff tried to use persuasion techniques, but this was not always effective. It apologised for not telling the family about these difficulties and not taking further action when Mrs X refused oral care. It said it had addressed this with staff.
8. The Care Home explained that eyes can become red and puffy during the later stages of life because of a reduction in food and fluid intake. It said staff encouraged Mrs X to take fluids and communicated with her GP about her decline in health. It said the Care Home did communicate with the family that Mrs X’s health was declining but apologised for not being clear about the reduction in eating and drinking.
9. In said any medication given to Mrs X was given in accordance with the GP’s instructions. It apologised for not telling the wider family about Mrs X’s levels of agitation or about the medication but confirmed that she did not have a urine infection.
10. Although Mr X is dissatisfied with the explanations offered by the Care Home, we will not investigate this complaint further. That is because we could not add anything further to the Care Home’s investigation. It has identified that it could have communicated better with the wider family about Mrs X’s care needs and has apologised for this. Where it identified failings, it has confirmed it has raised this with staff. Further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

11. We will not investigate Mr X’s complaint because further investigation would not add to the Care Home’s response.

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Investigator's decision on behalf of the Ombudsman