Summary: We will not investigate this complaint about residential adult social care. The Care Provider has given a thorough response to the complaint, acknowledged failings, and taken action in response. It is unlikely the Ombudsman could add to that or reach a different outcome.

The complaint

1. Ms B says the Care Provider failed to provide satisfactory care and support to her mother, Ms C, during a respite stay. Ms B says the Care Provider did not assess Ms Cs needs before her stay. Ms C had a fall and suffered an injury, which the Care Provider cannot explain how it happened. Ms B believes the Care Provider does not have enough staffing levels. Following the fall Ms C went to hospital without a chaperone. The Care Provider lost Ms C’s hearing aid and some of her clothes.
2. Ms B says Ms C’s memory has worsened further following the head injury, and she is sleepier and more confused. It has been stressful and confusing, and Ms B believes contributed to her husband’s health declining. Ms B wants the Care Provider to refund the cost of the stay and put procedures in place to prevent future problems.

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The Ombudsman’s role and powers

3. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)
4. 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 we could add to any previous investigation by the care provider, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms C lives in her own home, but was staying at Foxland Grange, a residential care home run by Care UK Community Partnerships Limited and WT UK Opco 4 (the Care Provider).
8. Ms C had stayed at Foxland Grange for two other short breaks within the same year, so rather than complete a full pre-admission assessment the Care Provider spoke with Ms C’s relatives about whether there was any change in her wellbeing since her earlier stays. The Care Provider says it will ensure to complete assessments before admission in all future cases. Neither the Care Provider nor the Ombudsman can say the outcome would be any different had the Care Provider completed an assessment.
9. Ms C had an unwitnessed fall during her stay. It is upsetting for Ms B to not know how and why Ms C fell and how she suffered a serious injury. However, further investigation by the Ombudsman would not determine what happened as the fall was not witnessed. Ms C was not receiving one-to-one care, so there would be times where she was alone. I cannot say Ms C’s fall was because of fault by the Care Provider or because of failures in staffing levels or care planning.
10. Ms C went to the hospital by ambulance, without a member of staff or family present. The Care Provider says it was unsure whether to send someone, but that Ms C was not agitated and the ambulance crew did not request a staff member attend. The Care Provider has apologised and reminded staff to send an escort with any resident who may be at risk or without family present. There is no evidence to suggest this action caused any significant injustice to Ms C.
11. The Care Provider has apologised for Ms C’s missing items and offered to refund for these.
12. I am satisfied the Care Provider has given Ms B a thorough response to her complaint and taken appropriate action to acknowledge any errors. It is unlikely we could add to this investigation or reach a different outcome.
13. I appreciate it is distressing for Ms B that Ms C suffered a serious injury and nobody can tell her how this happened. Unfortunately, the Ombudsman cannot achieve answers either. We cannot say Ms C’s fall and injury, and any subsequent consequences, occurred because of fault. So, there is no basis to recommend a refund of any care fees.

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Final decision

14. We will not investigate Ms B’s complaint because the Care Provider has taken satisfactory action to respond to the complaint, it is unlikely we could add to that investigation or reach a different outcome.

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Investigator's decision on behalf of the Ombudsman