Summary: We will not investigate this complaint about the care and support Mrs D received from her Care Provider. Further investigation could not add to the Care Provider’s responses or make a different finding of the kind Ms B wants.

The complaint

1. Ms B complained about the care her late mother, Mrs D, received from her Care Provider. Ms B says her family feel misled by the Care Provider and she has not had answers to all her queries about Mrs D’s health. Ms B says she contacted the Care Provider several times to speak to someone about visiting Mrs D but no one returned her calls. Ms B says Mrs D only resided in the home for 20 days, but a post-mortem revealed Mrs D died of severe dehydration and lack of nutrition. Ms B wants full investigation and clarification of what happened to Mrs D.

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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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Care Provider has considered Ms B’s concerns at three separate stages of its complaint process and has responded to Ms B’s questions. It apologised that Ms B did not get offered visits at times to suit her but explained during the pandemic visits had to be booked in advance. It also explained it does not routinely contact residents families about their behaviours unless there is cause for concern. The Care Provider has apologised to Ms B for the distress caused and says it will monitor customer care to ensure improvements are made where needed. Further investigation by the Ombudsman could not add to this.
6. While Ms B has not had answers to all her queries about the care Mrs D received from her care provider it is not the role of the Ombudsman to provide these. We could not now provide Mrs D with a remedy for any injustice caused by fault which an investigation might uncover as she is now deceased.

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Final decision

7. We will not investigate Ms B’s complaint because further investigation could not add to the Care Provider’s responses or make a different finding of the kind Ms B wants.

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Investigator's decision on behalf of the Ombudsman