New Care Formby OPCO Limited (22 009 438)

Category : Adult care services > Residential care

Decision : Closed after initial enquiries

Decision date : 15 Dec 2022

The Ombudsman's final decision:

Summary: We will not investigate Ms X’s complaint about the actions of Formby Manor Care Home. This is because it is unlikely we could add to any previous investigation by the organisation or further investigation would lead to a different outcome.

The complaint

  1. Ms X complained about the standard of care, levels of communication and how her father, Mr F’s, possessions were looked after when he was at Formby Manor Care Home.
  2. Ms X states this has caused her and other family members distress and she wants Mr F’s care home fees repaying and further investigations to be carried out.

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The Ombudsman’s role and powers

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

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How I considered this complaint

  1. I considered information provided by the Ms X and the Care Provider.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr F used to be a resident at Formby Manor Care Home. In April 2022, he was admitted to hospital. Ms X complained to the Care Provider which owns the Care Home about events leading up to his hospital admission, the way staff handled this, poor communication with the family and missing clothes and money.
  2. The Care Provider responded and explained the actions the Care Home had taken on the days prior to Mr F’s admission, including calls to the NHS 111 service, observations of Mr F’s temperature and a visit from the nurse. It apologised for poor communication at times, offered to reimburse the family if they could provide receipts for any of Mr F’s missing clothes and explained the family had decided it did not wish to take further action over the alleged missing money because it was unsure if Mr F had taken his wallet into the Care Home. It offered Ms X £500 as a gesture of goodwill.

Analysis

  1. The Ombudsman provides 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 or add anything to the previous investigation.
  2. The Care Home sought appropriate medical advice in the lead up to Mr F’s admission to hospital. The Care Provider carried out an investigation into Ms X’s complaints which was based on Mr F’s care records and recollections of events. It identified some faults, mainly around communication and offered Ms X £500 as a goodwill gesture. We would not recommend a higher payment than this and we would not in these circumstances recommend Mr F’s care home fees were repaid.

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Final decision

  1. We will not investigate Ms X’s complaint because it is unlikely we could add to the Care Provider’s investigation and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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