Summary: We will not investigate this complaint about adult social care in a care home. The person using the service has died so we could achieve no outcome for them if we found the Care Provider’s actions caused them injustice. The Care Quality Commission has inspected and reported the Care Provider needs improvement and has a plan to improve its service. It is unlikely an Ombudsman investigation would lead to a different outcome or add anything to the work already underway by other bodies.

The complaint

1. Ms D says her friend, Ms E, received poor care and suffered neglect at Beaumont Park Nursing and Residential Home. The care home is run by Healthcare Homes Group Limited (the Care Provider). Ms D also raises concerns at how the Care Provider dealt with her complaint.

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The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

3. Ms E has died; we have accepted Ms D as suitable to bring a complaint on her behalf.
4. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice to the person using the service. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)
5. 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:

• it is unlikely further investigation will lead to a different outcome, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.
8. I considered information on the Care Quality Commission’s website.

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My assessment

9. The Ombudsman would not investigate the care Ms E received, as we can achieve no outcome for Ms E if we found the Care Provider’s actions caused her injustice.
10. The Ombudsman could investigate in the wider public interest to recommend improvements to service which would benefit other residents. However, the Care Quality Commission (CQC), who regulates care providers in England has already inspected this Care Provider and found it requires improvement.
11. The CQC found the Care Provider was not always treating people with kindness and compassion, and staff did not always respect people’s privacy and dignity. The CQC also found a negative culture at the care home and that staff did not feel supported by management. The report detailing the full findings can be found on its website.
12. The CQC has requested an action plan from the Care Provider to show how it will improve services to achieve a ‘good’ rating. The CQC will work with the local authority to check progress. It is unlikely the Ombudsman could add to the work already underway by these bodies to improve the Care Provider’s service.
13. Ms D is also unhappy with the way the Care Provider dealt with her complaint. But it is not a good use of public resources to look at the complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

14. We will not investigate Ms D’s complaint because it is unlikely further investigation will lead to a different outcome. The CQC is already working with the Care Provider to improve services, so it is unlikely an Ombudsman investigation would achieve anything further.

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Investigator's decision on behalf of the Ombudsman