Summary: We will not investigate Ms X’s complaint about poor care provided to her mother while she was in a care home. This is because an investigation would not lead to different findings or outcomes. In addition, we could not achieve the outcome Ms X wants.

The complaint

1. Ms X complains about poor care provided to her mother while she was in a care home. She complains:
• Her mother was left with no working call bell in her room on her first night.
• Carers failed to support her mother when she needed help, which on one occasion led to her mother soiling herself.
• The care home provided inadequate meals and that food was not available to her mother when she was hungry.

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The Ombudsman’s role and powers

2. 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. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we decide:
• we could not add to any previous investigation by the organisation, or
• investigation would not lead to a different findings or outcomes, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

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

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My assessment

5. Ms X’s mother, Mrs A, stayed in a care home for a short time.
6. In its complaint response, the care provider accepted Mrs A did not have a working call bell on her first night. The care provider noted this was not discovered until the next morning. As the call bell could not be fixed over the weekend, the care provider gave Mrs A a replacement bell to use.
7. The care provider confirmed it had addressed this issue by implementing preadmission room checks, and reminded staff of the importance of ensuring residents were checked on regularly and that they had items they needed within reach.
8. With regards to the other two concerns raised, the care provider noted Mrs A had not raised these concerns at the time of her stay. The care provider accepted there had been a delay in carers attending to her on one day but said Mrs A never told staff she had soiled herself.
9. On the food concerns, the care provider accepted alternative meals that did not need to be heated should have been offered to Mrs A when she was hungry outside the normal dinner times. It also accepted its night bites menu was not being utilised as effectively as it should have been. However, the care provider said Mrs A did not raise her concerns at the time which mean the care provider did not have any opportunity to put things right at the time.
10. An investigation is not justified as it would not lead to any different findings or outcomes. The care provider has acknowledged some matters fell below the standards expected and has appropriately apologised for this.
11. I have considered whether any further recommendation is warranted in the circumstances but do not consider they are. This is because of the short timeframe Mrs A was without a call bell and because the issue was resolved promptly by the care provider once it was made aware of the faulty call bell. On the other matters, I have considered the fact the care provider was not made aware of the issues at the time and so was not given an opportunity to investigate and to put things right.
12. In addition, we cannot achieve the outcome Ms X wants. Ms X wants for her mother’s outstanding care charges waived. However, even if we were to investigate and make a recommendation, we could not recommend the care fees are waived. This is because accommodation, food, and care were still provided to Mrs A during her stay and the care provider is allowed to charge for this.

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Final decision

13. We will not investigate Ms X’s complaint because an investigation would not lead to different findings or outcomes. In addition, we could not achieve the outcome Ms X wants.

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Investigator's decision on behalf of the Ombudsman