Summary: We will not investigate Ms B’s complaint about the care provided to her late father, Mr C. This is because it is unlikely we could make a finding of the kind Ms B wants or add to the Care Provider’s response. We cannot provide a remedy to Mr C for any injustice caused by fault which an investigation might uncover because he is deceased.

The complaint

1. Ms B complained about the care her late father, Mr C received from his Care Provider. Ms B say Mr C was not given appropriate care by his Care Provider. Mr C moved to the home for a period of respite care between 9 August and 6 September when he was admitted to hospital but passed away two weeks later. A coroner’s inquest recorded he had critically high sodium levels, acute kidney injury, diabetes insipidus and frailty. Ms B says Mr C was unkempt, unshaven and staff did not tell the family of two falls he sustained in the home. Ms B says she was left waiting outside when the doorbell did not work, and staff were rude and unhelpful. Ms B says Mr C’s family were so worried about him they arranged to move him to a different Care Provider but sadly he was admitted to hospital and passed away before this could happen. Ms B says it is not clear whether the poor care Mr C received contributed to his death and is concerned other residents may be suffer similar experiences.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. 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)

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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. The complainant had an opportunity to comment on my draft decision.

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My assessment

6. The Care Provider’s disputed Ms B’s allegations that Mr C was not properly cared for and provided the records showing the daily care Mr C received, including the food and fluids he was offered. It said it was aware Mr C suffered with kidney disease and was prescribed medication for this condition, so when staff noticed he was not drinking much, it flagged this up with his GP. While Ms B is concerned about the care Mr C received and does not know if this contributed to his death, further investigation by the Ombudsman could not provide Ms B with the answer. Sadly, Mr C is now deceased so there is now no suitable remedy to any fault an investigation might uncover.
7. The Care Provider acknowledged it did not inform Ms B of the two falls Mr C sustained. It said this was because no medical intervention was required at the time, and she was on holiday. It advised Ms B it has now incorporated a new form for families asking if they want to be contacted about all accidents however minor. The Care Provider acknowledged it had a faulty doorbell at the time and advised this has now been fixed. It apologised if Ms B felt staff had been rude to her. We could achieve no more than this even if we investigated.

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Final decision

8. We will not investigate this complaint. This is because we 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