Summary: We will not investigate this complaint about the care Mr X’s mother Mrs Y received because an investigation would not lead to a different outcome. We have upheld Mr X’s complaint regarding the delay because the Care Provider has accepted fault and provided its staff with training to ensure the matter does not reoccur. The Care Provider has also agreed to resolve the complaint early by providing a £250 financial award for the injustice caused to Mr X.

The complaint

1. Mr X complained the Care Provider did not properly care for his mother, Mrs Y and failed to properly communicate with him. He said this matter caused him stress and inconvenience.

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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:

• 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

3. I considered information provided by Mr X and the Care Provider.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X made numerous complaints to the Care Provider regarding the standard of care his mother, Ms Y received at its care home. He also complained about the poor communication he received from the Care Provider.
6. The Care Provider agreed Ms Y’s care had fallen short of its usual standard. In response, the Care Provider arranged training for its staff and appointed an employee to communicate with Mr X regarding Ms Y’s wellbeing. The Care Provider also confirmed it did not increase its annual fees in light of Ms Y’s experience.
7. Mr X remains unhappy and wants the Ombudsman to find the Care Provider at fault for the shortfalls in service he and Mrs Y experienced. The Care Provider has accepted it is at fault and made service improvements. The Care Provider has also agreed to provide a £250 financial award to address the injustice experienced. An investigation would not lead to a different outcome for Mr X.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman