Summary: We will not investigate Mr X’s complaint about neglect by his mother’s care home. He says the care home took his mother to an appointment in an extremely inappropriate and undignified state of appearance and that the care home failed to tell him about the incident. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mr X complains about neglect by his mother’s care home. He says the care home took his mother to an appointment in an extremely inappropriate and undignified state of appearance. He also complains the care home failed to tell him about the incident.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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. Mr X’s mother, Mrs Z, was taken to an NHS appointment in July 2022 by staff from her care home. The Council commissioned Mrs Z’s placement at the care home.
6. Records made by the NHS showed there were concerns about Mrs Z’s physical state/appearance at the meeting. It was noted Mrs Z was in such an inappropriate state that a safeguarding referral was to be raised. While it is not clear if, and to who, the safeguarding was raised, I am satisfied if we were to investigate it is likely we would find fault with the care provider.
7. This is because there is sufficient evidence that Mrs Z was not provided with adequate personal care to ensure she was in an appropriate state for her appointment. The likely fault will have caused an injustice to Mrs Z – indignity and distress.
8. We are also likely to find fault with the care provider for failing to tell Mr X about the concerns that were raised. I note the care provider denies being told about the concerns. However, records provided by Mr X showed a phone call was made to the deputy manager of the care home on the same day to discuss the concerns. I am satisfied this will have caused Mr X distress.
9. We therefore asked the Council to consider remedying the injustice caused by the likely faults by making a symbolic financial payment of £300.

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Agreed action

10. To its credit, the Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.

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Final decision

11. We will have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman