Summary: We will not investigate this complaint about failures in communication and record keeping because those actions did not cause the claimed injustice of moving to a more expensive care home.

The complaint

1. Mr C says a change in management at Kingfisher Nursing Home resulted in a drop in standards in communication and record keeping regarding his sister’s (Ms D’s) care. The Care Provider told him it could no longer manage his sister’s needs due to several incidences of aggressive behaviour, so Mr C arranged for his sister to move to a different, more expensive, placement. Since then, Mr C has seen the care records do not record all the alleged incidents, and only one was reported to safeguarding. Mr C now doubts the accuracy of the records and reasons for the move and thinks the Care Provider should fund the difference for the new care home.

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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, or
• it is unlikely we could add to any previous investigation by the care provider, or
• it is unlikely further investigation will lead to a different outcome.

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

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How I considered this complaint

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

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My assessment

5. Mr C raised concerns about failures in communication since the manager of Kingfisher Nursing Home (ran by Westgate Healthcare Limited) changed. The Care Provider addressed these concerns and put in place a plan for improved future communication with Mr C.
6. Following changes in Ms D’s behaviour the Care Provider involved the Care Home Function team which is part of the NHS mental health services for older people. The Care Provider says this team recommended Ms D needed support in a dementia care unit, and therefore Kingfisher Nursing Home was no longer suitable to meet her needs as it does not offer this service.
7. Therefore, it is unlikely the Ombudsman would find any fault in record keeping or communication led to Ms D needing to move to an alternative placement.

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Final decision

8. We will not investigate Mr C’s complaint because it is unlikely we would find the Care Provider’s actions caused the claimed injustice of moving to a more expensive care home. Any frustration caused by failures in communication and record keeping is not significant enough to justify our involvement. The Care Provider took action to address the concerns at the relevant time, apologising when it failed to tell Mr C of an incident and putting in place an action plan.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman