Summary: We will not investigate this complaint about the care Mr Y received in a care home. That is because there is insufficient evidence Mr Y has been caused an injustice and any injustice caused is not significant enough to warrant further investigation.

The complaint

1. Mr X complained about the care provided to his father, Mr Y at the care home (the Home) where he had lived for eleven years. Mr X said he had complained several times over the years, but the matters were not resolved to his satisfaction. Mr X did not feel the Home properly considered his complaints when it provided his complaint response.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
3. The Council contracted the Home to provide Mr Y’s care under the care Act 2014. It arranged and funded the care placement. Therefore, the Home was acting on behalf of the Council.
4. 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

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

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My assessment

7. The Home where Mr Y lived provided both residential and nursing care. Mr Y lived on the residential unit. At the end of 2020, the Council assessed Mr Y as needing nursing care. Mr X and his sister suggested a nursing home they wanted their father to move to. The Council held a panel meeting to discuss a potential move. It decided not to move Mr Y as the COVID-19 lockdown restrictions meant a move was not possible and the existing home was meeting his needs. Other factors the Council considered was that the existing care home setting was familiar to Mr Y; it had a nursing unit, and the cost difference between the Home, and Mr X’s preferred choice of home.
8. Mr X complained. Following that, the Council met with him in January 2021. In the meeting it was agreed Mr Y would stay in his placement at the Home. The Council agreed to speak to Mr Y’s GP about monitoring his health, and that that if Mr Y needed a move to nursing care, its placements team would identify suitable nursing placements. The Council did not uphold the complaint. Mr X complained to the Home in October 2020. I have not specified all Mr X’s complaints to the Home within this decision statement.
9. We cannot investigate every complaint brought to us. Several of Mr X’s complaints do not specifically relate Mr Y’s care. This includes complaints such as the Home’s staffing; the residents use of a balcony; and a bird feeding initiative. We will not investigate complaints where there is no significant injustice to the complainant.
10. Mr X also complained about actions within the Home that did affect Mr Y. This included what programs he watched on television and Mr Y running out of personal care products and snacks. However, it would be disproportionate for the Ombudsman to investigate these complaints as any injustice caused is not significant enough to warrant further investigation.
11. Mr X said the Home did not always supervise Mr Y taking his medication. The Home has confirmed that two staff members now observe Mr Y taking his medication. Mr X also complained about difficulties when he contacted his father by telephone. The Home said that if Mr X experienced any difficulties with telephone communication with Mr Y, to contact the Home about this. As the Home has addressed these matters satisfactorily in its complaint response, we will not investigate these complaints further as it would not lead to a different outcome.
12. Although Mr X is unhappy with the Council’s decision not to move Mr Y to a different residential placement, there is insufficient evidence of fault in how the Council made that decision. It considered the family’s preference of home, but because of the COVID 19 pandemic and as the Home was meeting his needs, decided not to move him. It also considered the financial impact of moving Mr X but that was not the determining factor in its decision making. As there is insufficient evidence of fault, we will not investigate this complaint further.

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Final decision

13. We will not investigate Mr X’s complaint because there is insufficient evidence Mr Y has been caused an injustice or any injustice is not significant enough to warrant further investigation.

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Investigator's decision on behalf of the Ombudsman