• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• My assessment
• Final decision

The Ombudsman's final decision:

Summary: We will not investigate Mrs B’s complaint about the care provided to her late father, Mr C. This is because we could not add to previous investigations or make a different finding. We cannot remedy the injustice caused to Mr C from the care provider’s actions because he is now deceased.

The complaint

1. Mrs B complained her late father, Mr C, was neglected by his care provider. Mrs B says:

• Mr C’s care provider did not respond to emails following safeguarding concerns raised by paramedics.
• Mr C’s care provider did not contact Mrs B to offer condolences after he had passed away.
• Hospital staff were concerned about the number of falls Mr C sustained in the home.
• Mr C was only showered once following a move onto the dementia unit. Mrs B had to purchase pads and bed linen for him, and he was left in soaked and soiled bedding.
• Mr C was given unsuitable and inappropriate food.
• Mrs B was told the care provider did not have thickening agents for Mr C’s fluids so she purchased them privately.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs B’s concerns were considered under the Local Authority’s safeguarding responsibilities and were substantiated.
6. The care provider undertook an internal investigation and upheld the majority of Mrs B’s complaints. Mrs B is unhappy the care provider has not answered all of her concerns; however, it is not the role of the Ombudsman to provide answers to these. We are satisfied the care provider has apologised for the poor experiences Mrs B has experienced, made service improvements, and offered her £5000. Sadly, Mr C passed away in October 2022 so even if we investigated we could not now provide him with a remedy for the injustice caused to him by the actions of his care provider.

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Final decision

7. We will not investigate Mrs B’s complaint because we could not add to previous investigations or remedy the injustice caused to Mr C by the care provider’s failings.

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Investigator's decision on behalf of the Ombudsman

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