Summary: We will not investigate Mrs D’s complaint about the care Mrs E received from her former care provider. This is because further investigation by the Ombudsman could not add to the care provider’s response or make a finding of the kind Mrs D wants.

The complaint

1. Mrs D complained her mother, Mrs E lost five stone in her former care home and was advised she was holding food in her mouth. Mrs D says since Mrs E has moved she has not held food in her mouth and her GP said there was no medical reason for the weight loss. Mrs D says staff were rude and impatient and did not care properly for Mrs E, her room smelled, her toiletries were stolen, and nursing staff went behind her back and complained to family members that Mrs D had caused trouble. Mrs D says the home should be closed down.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this 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. The care provider said it reviewed emails from Mrs D to the home manager and all responses sent. It apologised that Mrs D had experienced poor behaviour from staff and confirmed this was not the intention of the team. We could not make a finding on how a person perceives a behaviour. The care provider has apologised this was Mrs D experience, and we could not add to this point even if we investigated.
6. The care provider says Mrs D raised concerns about Mrs E’s weight loss in March and had previously raised a similar concern with CQC in January. On both occasions these concerns were considered by the by the safeguarding team who found no evidence of neglect. Mrs E’s weight on admission in 2020 was 47.5kg. On review over the last 6 months her weight remained stable around 41kg but dropped to 39kg in January this year when Mrs E was suffering from Covid. The Dietician and Speech and Language Team were contacted but could not offer any further advice due to Mrs E’s progressive medical conditions. The care provider responded to Mrs D’s complaints about missing toiletries, smells in Mrs E’s room, social interaction, and communication. Further investigation by the Ombudsman could not add to this response or make a different finding. Mrs D no longer resides in the home so there are no ongoing concerns warranting an Ombudsman investigation. If Mrs D is concerned other residents in the home are experiencing poor care she can ask the Care Quality Commission (CQC) who is the regulator of care providers, to consider her concerns.

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Final decision

7. We will not investigate Mrs D’s complaint because further investigation by the Ombudsman could not add to the care provider’s response or make a different finding of the kind Mrs D wants.

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Investigator's decision on behalf of the Ombudsman