Summary: We will not investigate this complaint about the Council’s failure to care properly for Mrs Y following a fall. This is because an investigation would be unlikely to result in a different outcome.

The complaint

1. Mrs X complained on Mrs Y’s behalf that the care provider arranged by the Council failed to properly care for Mrs Y after she suffered a fall. She also raised several other concerns with the care Mrs Y received.

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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 impact 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 or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X’s mother Mrs Y was placed in a residential care home. The placement was arranged by the Council with Mrs Y self-funding her care.
6. Mrs Y stayed at the home for several years until she was admitted to hospital after suffering a fall. She was then placed in another care home.
7. Mrs X complained to the Council because she was unhappy with the Care Provider’s response to the fall. She also raised a number of other concerns such as the Care Provider’s failure to respond to complaints made by other family members and missing items belonging to Mrs Y that had not been located.
8. The Care Provider investigated Mrs X’s complaints and whilst it found no fault in its management of Mrs Y’s fall, it found fault in its record keeping and failure to inform Mrs X’s family about Mrs Y’s health. The Care Provider apologised, confirmed it would issue reminders to the staff concerned regarding best practice and offered Mrs X a £100 financial award in recognition of the inconvenience caused by Mrs Y’s lost possessions.
9. Mrs X was unhappy with the response and brought the complaint to us.
10. The evidence shows the care provider conducted a full investigation into Mrs X’s complaint points. Where it found fault, it apologised and explained what it was going to do put things right. It has also offered a proportionate financial remedy to address the injustice Mrs X has experienced. This is in line with what we would expect. An investigation into this matter would therefore be unlikely to result in a different outcome.

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Final decision

11. We will not investigate Mrs X’s complaint because an investigation would be unlikely to result in a different outcome.

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Investigator's decision on behalf of the Ombudsman