Summary: We will not investigate this complaint about the level of care provided to Mrs X’s mother by her care home. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused by the faults accepted.

The complaint

1. Mrs X complains about the level of care provided to her mother by her care home. She complains the care home:
• Did not check her mother’s medication was being taken.
• Left her mother in soiled sheets.
• Did not assist her mother with eating.
• Removed her mother’s buzzer so she could not call for help.
• Left her mother in a broken bed.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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How I considered this complaint

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

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My assessment

5. Mrs X’s mother, Mrs A, received care in a care home.
6. If we were to investigate this complaint, it is likely we would find fault causing Mrs X and Mrs A an injustice. This is because the care provider has accepted fault and agreed the home did not always provide appropriate care to Mrs A.
7. I am satisfied the accepted faults will have caused both Mrs X and Mrs A distress, particularly around the indignity suffered by Mrs A in being left in her own faeces on two occasions.
8. We note the care provider did apologise for the injustice caused and put in place some service improvements during its complaint investigation. However, the care provider did not provide any personal remedy to acknowledge the distress caused by the accepted faults. I consider a personal remedy would be appropriate in the circumstances.
9. We therefore invited the Council to remedy the injustice by making a financial payment of £300 each to Mrs X and Mrs A. The total payment to be made is £600.

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Agreed action

10. To its credit, the Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.

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Final decision

11. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X and Mrs A.

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Investigator's decision on behalf of the Ombudsman