Summary: We will not investigate this complaint about standards of care at a residential home. Our involvement could not provide a meaningful remedy and the Information Commissioner is best placed to help Mrs X access records about Mr X’s respite stay.

The complaint

1. Mrs X complained about the respite care her late husband received in a residential home. His condition deteriorated significantly during his stay, and he passed away despite having been physically well before the respite. Mrs X wants more information to understand what happened.

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The Ombudsman’s role and powers

2. 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 further investigation would not lead to a different outcome, we cannot achieve the outcome someone wants, or there is another body better placed to consider the complaint. (Local Government Act 1974, section 24A(6))

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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.

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My assessment

5. Mr X was booked in for two weeks’ respite at a care home in late 2021. Mrs X says when he began this period of respite, he was in relatively good physical health. However, his condition deteriorated over a week at the care home, and he was admitted to hospital where he later passed away. Mrs X says the hospital staff said Mr X was severely malnourished and dehydrated.
6. The care home staff said Mr X had been refusing to eat and drink while in their care. Mrs X is concerned that this was not communicated to her at the time. She does not understand the extent to which Mr X deteriorated and she does not believe she has been given accurate information about his time at the care home.
7. We could not provide the clarity Mrs X seeks, and we could not say the care provider caused Mr X’s death. We could not say now exactly what happened in the week leading up to Mr X’s hospitalisation. If we investigated, we could not provide sufficient information to provide a meaningful outcome for Mrs X.
8. As an outcome to her complaint, Mrs X wants access to the care home records. It is open to her to make a request directly to the care provider if she has not already done so, and the Information Commissioner’s Office is the organisation best placed to facilitate this if she has difficulties obtaining the information she seeks.

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Final decision

9. We will not investigate Mrs X’s complaint because our involvement could not provide a meaningful remedy and the Information Commissioner is best placed to help Mrs X access records about Mr X's respite stay.

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Investigator's decision on behalf of the Ombudsman