Summary: We will not investigate this complaint about personal injury, because it is for a court to decide legal liability and compensation awards.

The complaint

1. Mr B says his relative Ms C was injured during a short stay in a care home. Mr B wants the Care Provider to pay compensation for Ms C’s injuries, potential loss of sight, and continuing costs of treatment.

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The Ombudsman’s role and powers

2. 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:

• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, sections 34B(8) and (9))

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms C had a short stay at Rosebery Manor Care Home, run by Redwood Tower UK Opco 2 Limited (the Care Provider). While there a cabinet fell on Ms C, and she suffered injuries. Mr B says this would not have happened if the Care Provider had properly secured the cabinet to the wall.
7. Mr B makes a claim of negligence and seeks compensation for personal injury. We cannot decide if the Care Provider is legally liable for the injury to Ms C and for any continuing costs of treatment. Such a decision is for the courts. It is reasonable for Mr B to take court action in this case to seek the outcome he wants and as such we would not investigate this matter.
8. The Care Provider followed the correct process after the incident, to seek medical attention for Ms C and to tell relevant bodies of the incident. The Care Provider has also secured the cabinet to ensure such an incident does not happen again. There is no wider public interest to consider as any ongoing risk has been removed. It is unlikely an Ombudsman investigation could achieve anything further.
9. The Care Quality Commission (CQC) is the independent regulator of health and social care in England. The CQC has fundamental standards below which a person’s care should never fall. The Care Provider should ensure equipment and premises are safe to use for their intended purpose and used in a safe way. The Care Provider must do all that is reasonably practical to mitigate risks. Its failure to secure the cabinet may be a breach of the fundamental standards.

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Final decision

10. We will not investigate Mr B’s complaint because there is another body better placed to consider the matter. It is reasonable to expect Mr B to take legal action to decide legal liability for Ms C’s injuries and claim of compensation.
11. Under our information sharing agreement, we will share this decision with the Care Quality Commission (CQC).

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Investigator's decision on behalf of the Ombudsman