Summary: We will not investigate this complaint about the standard of adult social care in a care home, because Mrs B does not have a significant personal injustice. The Care Quality Commission is already taking action to improve service for others; it is unlikely the Ombudsman could add anything further.

The complaint

1. Mrs B says the Care Provider failed to provide an adequate standard of care to her mother, Mrs C who lived at Skylark House. Mrs B raised various concerns with the Care Provider but feels they failed to take the concerns seriously and did not improve the service and care. Mrs C has since died; Mrs B wants the Care Provider to be honest and learn from mistakes, and to keep residents in their care safe and well.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• the action has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement.

(Local Government Act 1974, sections 34B(8) and (9))

3. We cannot provide a personal remedy to someone who has died.

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How I considered this complaint

4. I considered information provided by the complainant, including the Care Provider’s responses to her complaints.
5. I considered the Ombudsman’s Assessment Code.
6. I considered the recent Care Quality Commission report about Skylark House.

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My assessment

7. Mrs C lived at Skylark House, operated by Care UK Community Partnerships Limited (the Care Provider). Mrs C died this year.
8. Mrs B visited her mother regularly and raised various concerns with the Care Provider about its standard of care including concerns about falls prevention, cleanliness, staff levels and experience, food quality, and missing items of clothing and jewellery.
9. The Care Provider has responded to Mrs B’s complaints, but Mrs B remains unhappy. I recognise Mrs B’s dissatisfaction, but I do not consider it to be a significant enough injustice to justify an Ombudsman investigation.
10. Mrs B recognises it is now too late to put things right for Mrs C but explains she would like to pursue the complaint for the benefit of other residents.
11. The Care Quality Commission (CQC) is the statutory regulator of care services. It keeps a register of care providers that meet the fundamental standards of care, inspects care services, and reports its findings. It can also enforce against breaches of fundamental care standards and prosecute offences.
12. The CQC has recently inspected Skylark House and found it requires improvement in some areas. The CQC will request an action plan from the Care Provider to understand what they will do to improve the standards of quality and safety. The CQC will work alongside the Care Provider and local authority to monitor progress. It is unlikely an Ombudsman investigation would add anything further, as the CQC is already taking action to improve service for residents.

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Final decision

13. We will not investigate Mrs B’s complaint because her personal injustice is not significant enough to justify our involvement, and the CQC is already taking action to improve service for others.

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Investigator's decision on behalf of the Ombudsman