Summary: We will not investigate this complaint about the way Mrs X and her mother, Mrs E were treated by the Council commissioned residential care provider. This is because further investigation by us could not add to the care provider’s response or make a different finding of the kind Mrs X wants.

The complaint

1. Mrs X complained about the care provided to her mother, Mrs E and the care provider’s decision to restrict her visiting Mrs E in the care home. Mrs X says:

• The care provider contacted her to ask what medication Mrs E received following a fall on the first night she arrived at the home.
• The care provider almost administered the wrong medication to Mrs E.
• Mrs E was left crying and bruised in the communal lounge and suffered skin damage.
• She was restricted from visiting Mrs E in the home.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), 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. Mrs E stayed at a Council commissioned care home for approximately one month before she left the placement.
6. Mrs X provided evidence Mrs E suffered from moisture lesions which arose during her initial two week stay at the care home. The care provider disputed this but said it had now put in place formal weekly charts to check residents’ skin integrity. We could not add to this or make a different finding.
7. Mrs E says care provider staff did not know what medication Mrs E was taking and almost gave her the wrong medication. The care provider acknowledged a staff member had limited knowledge of what medication Mrs E was taking as Mrs E has only arrived at the home that afternoon. The care provider said it had retrained all staff on how to access electronic medication records. We could not add to this or make a different finding.
8. The care provider requested Mrs X did not spend time on the premises following a situation involving another resident and how she spoke to staff. Mrs X disputes the care provider’s account. There were no independent witnesses and so we could not make a finding on these points even if we investigated.
9. Mrs X disputes the care provider’s account of what happened following a fall Mrs E sustained during her first night in the home. We were not present during the incidences Mrs X refers to and there are discrepancies between hers and the care provider’s versions of events. We could not make a finding on these points even if we investigated.

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Final decision

10. We will not investigate Mrs X’s complaint because we could not add to the Council’s response or make a different finding of the kind Mrs X wants.

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Investigator's decision on behalf of the Ombudsman