Summary: We will not investigate this complaint how Mrs X’s mother sustained an injury while she was at a care home. She says the injury could only have been caused by procedural failings or negligence. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused by the fault accepted.

The complaint

1. Mrs X complains about an injury sustained by her mother while she was at a care home. She says the injury could only have been caused by procedural failings or negligence. Mrs X wants to know what happened to cause the injury to her mother.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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 an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X is not happy with the Council’s complaint response as it did not make any findings regarding how her mother sustained the injury. The Council’s complaint response noted it could not provide a full account of how the injury happened, other than to reiterate the accounts given from the professions that the injury occurred during a transfer and that the injury was not witnessed.
7. An investigation is not justified as it would not lead to a different finding. This is because we would not be able to say how the injury occurred given the limited evidence available. In addition, this means an investigation could not achieve the outcome Mrs X wants, which is to be told how the injury occurred.
8. However, I consider it is appropriate for the Council to remedy the injustice caused by the faults accepts. This is because the Council substantiated the safeguarding concerns as Mrs X’s mother did sustain a serious injury. The Council also found that Mrs X’s mother was not wearing suitable clothing on her journey to hospital.
9. I am satisfied the faults accepted will have caused Mrs X significant distress. The distress is also compounded by the uncertainty surrounding how the injury occurred to her mother.
10. We therefore asked the Council to consider remedying the injustice caused by the faults accepted by making a financial payment of £300. This is to recognise the distress and uncertainty caused.

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Agreed action

11. To its credit, the Council agreed to resolve the complaint and will complete the above within four weeks of the date of the final decision statement.

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Final decision

12. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X.

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Investigator's decision on behalf of the Ombudsman