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

The complaint

1. Mrs X complains about the level of care provided to her sister, Miss A, by her care home. She complains:
• She often had to ask staff to administer pan relief medication to Miss A.
• Miss A was not brought to the day room regularly.
• Miss A was placed on end of life care, but no one notified her.
• The care home did not provide appropriate personal care to Miss A during her last days of life.
• The care home did not administer anticipatory medication to Miss A.

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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. The daily care records showed Miss A could tell carers when she was in pain. Therefore, an investigation is unlikely to find fault as it would be reasonable for care staff to wait for Miss A to say when she was in pain before administering pain relief.
6. Miss A’s care plan noted she was not mobile and was bed bound. The care plan did not detail that Miss A needed to be taken to the day room. Therefore, an investigation is not justified as we are unlikely to find fault.
7. With regards to Mrs X not being told Miss A had been placed on end of life care, it is accepted the care records do not explicitly detail Mrs X was told her sister had been placed on end of life care. However, the notes showed Mrs X had wanted to speak with Miss A’s doctor about end of life care and for a hospice to be consulted. Therefore, there is evidence Mrs X was likely aware Miss A was end of life.
8. Finally, with regards to anticipatory medication not being administered. The care notes detail that anticipatory medication was prescribed and that it should be administered if needed. There is no evidence the anticipatory medication was prescribed to be taken at set doses and times. Therefore, an investigation is unlikely to find fault.
9. Miss A’s care plan set out that she should have a daily wash. If we were to investigate, it is likely we would find fault and injustice. This is because the care notes do not show that personal care was provided to Miss A every day. I consider this likely fault will have caused an injustice to Miss A because she did not receive the care she needed and suffered the indignity of not receiving appropriate personal care. I am also satisfied the likely fault will have caused Mrs X distress.
10. We therefore asked the Council to consider remedying the injustice caused by apologising and making a financial payment of £100 to Mrs X. This is to recognise the distress caused and the fact we cannot put Miss A back in the position she would have been if the fault had not occurred.

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Agreed action

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

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Final decision

12. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman