Summary: Ms X complains about the care provided to Mr Y at a care home. We have discontinued our investigation as it is not proportionate to investigate the complaint any further.

The complaint

1. Ms X complains about the standard of care provided to her father, Mr Y, at Austenwood Care Home and poor communication with her. Ms X considers poor care caused Mr Y’s health to decline and caused distress to her.

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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. Mr Y has died. We have accepted Ms X as a suitable representative.
4. We investigate complaints about adult social care providers. 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:

• any injustice is not significant enough to justify our involvement; or
• 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. (Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

5. I have considered the information provided by Ms X. I have also considered her comments on the draft decision before making a final decision on the complaint.

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What I found

6. Mr Y lived at Austenwood Care Home for a few weeks before he sadly passed away. At the time the care home was run by a different care provider. The current Care Provider acquired the care home some weeks later.
7. Ms X made a complaint to the previous care provider following Mr Y’s death. Ms X had concerns about the care provided to Mr Y during his stay. However, her complaint focussed on the care provided to Mr Y in the 24 hours before his death. The care provider investigated Ms X's complaint and responded to her. It apologised for poor communication with her.
8. Ms X made a complaint to the Ombudsman and raised a number of other issues about the care provided to Mr Y during his stay at the care home and its communication with her.

Analysis

9. I have discontinued my investigation as I do not consider it is proportionate to investigate Ms X’s complaint any further. If an investigation found any fault in the care provided to Mr Y then the injustice would principally be to him. We could not remedy that injustice as Mr Y has passed away.
10. I acknowledge any fault in the care provided to Mr Y would cause distress to Ms X. But this is not significant enough injustice to warrant an investigation. The resources required to investigate Ms X’s complaint outweigh any remedy that I could achieve for her.
11. I also do not consider there is scope to make any recommendations for service improvements in the event an investigation found fault. The current Care Provider did not own the care home at the time Mr Y was in residence. So, it is unlikely to be proportionate or appropriate to recommend any service improvements.
12. I therefore do not consider it is proportionate to investigate Ms X’s complaint any further as I cannot achieve anything worthwhile by doing so.

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Final decision

I have discontinued my investigation into this complaint.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman