Summary: We will not investigate this complaint about the actions of a care provider when the complainant’s mother became seriously unwell at her care home, because we could not add anything to the Council’s previous investigation. We will also not consider her complaint about the refusal of access to data, as it is a matter for the Information Commissioner’s Office.

The complaint

1. The complainant, who I refer to as Mrs U, says that:
• Her mother’s care provider did not respond appropriately to the circumstances, when she became seriously unwell at her care home;
• The responses to Mrs U’s complaints have been inconsistent; and
• The Care Provider has refused her access to her mother’s records.

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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:

• we could not add to any previous investigation by the organisation, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mrs U.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs U complains about the actions of the Care Provider on the morning when her mother was taken ill. She believes staff did not act quickly enough or provide an adequate response to the circumstances.
6. Mrs U also feels that the responses from the Care Provider are inconsistent with other evidence, and that the Council did not look into this issue properly.
7. I have considered her views, and I have looked carefully at the evidence provided, and the Council’s final response to the complaint. It has clearly been aware of all the issues Mrs U has raised, and looked into whether, and why, some statements may appear to be at odds. In each case, it has found an explanation for any perceived inconsistency, and has satisfied itself that the Care Provider did act appropriately and quickly.
8. I recognise that Mrs U remains dissatisfied with the explanations and investigations undertaken, but I am not persuaded that she has provided a challenge to the Council’s conclusions, aside from her continued disagreement with the outcome.
9. I sympathise with Mrs U’s distress, but we would not be able to add anything to the Council’s investigation, or provide a worthwhile outcome.
10. Mrs U further complains that the Care Provider has refused her access to her mother’s records. This is a matter for the Information Commissioner’s Office to consider.

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Final decision

11. We will not investigate the complaint because we could not provide a worthwhile or additional outcome. We will not investigate the data issue, as it is a matter for the ICO to consider.

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Investigator's decision on behalf of the Ombudsman