Summary: Mr X complained about the care home’s failure to advise him that its nursing unit was due to close at the time of admission. We have ended our investigation because the care home offered an appropriate remedy. Further investigation by us could not add to this outcome.

The complaint

1. Mr X complains that The Burlington Care Home (the Care Home) failed to advise him and his family that it was soon to be deregistered as a nursing home when he was admitted as a resident.
2. As a result, Mr X suffered significant distress caused by the move to a new care home. He also incurred financial loss due to the cost of moving.
3. Mr X is represented by his daughter, Mrs Y, in making this complaint.

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The Ombudsman’s role and powers

4. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. If they have caused an injustice we may suggest a remedy. (Local Government Act 1974, sections 34 B, 34C and 34 H(3 and 4) as amended)
5. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
6. Under our information sharing agreement, we will share this decision with the Care Quality Commission.

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How I considered this complaint

7. I spoke to Mrs Y and considered the information she provided.
8. I made enquiries of the Care Home and considered its response.
9. Mrs Y and the Care Home had an opportunity to comment on my draft decision. I considered all responses received before reaching a final decision.

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What I found

10. Mr X has Parkinson’s Disease. In late 2021, he was admitted to hospital and it was decided he could no longer live independently. Mrs Y visited several potential residential placements and chose the Care Home as being suitable because it was registered as a nursing home. This was important to Mrs Y because she was aware her father had a deteriorating condition and would need more specialist care in future.
11. Mrs Y says she was not told the Care Home was in the process of being deregistered as a nursing home. Had she known this she would not have chosen the Care Home.
12. After several months, the Care Home advised Mrs Y it was no longer able to meet Mr X’s needs. He required nursing care, specifically around aspiration, that the Care Home no longer provided. Mr X was moved to a different nursing home. Mr X spent approximately £1000 in removals cost. Mrs Y complained and asked the Care Home to reimburse this cost. Instead, the Care Home agreed to reimburse three days’ worth of care fees. Mrs Y felt strongly that the Care Home should cover her father’s moving costs and so brought her complaint to the Ombudsman.
13. In response to the Ombudsman’s enquiries, the Care Home says it is confident it provided appropriate care to Mr X, and it was able to meet his needs when he was admitted. But during my investigation it has agreed to pay Mr X a £1000 as requested by Mrs Y.
14. This is the remedy sought by Mrs Y. Further investigation by the Ombudsman could not provide a different outcome.

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Final decision

15. I have completed my investigation and uphold the complaint. The Care Home has agreed to resolve the outstanding issue and no further action by the Ombudsman is needed.

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Investigator's decision on behalf of the Ombudsman