Summary: Mrs Y complained about the care her friend, the late Mrs X, received while in a care home and the conduct of the manager. We will not continue with our investigation. This is because any further investigation by us would be unlikely to add anything to the care provider’s response to Mrs Y’s complaint.

The complaint

1. Mrs Y complained about the care her friend, the late Mrs X, received at Garersewednack Care Home (the Care Provider).

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. If they have caused a significant injustice or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 34B, 34C and 34H(3 and 4) as amended)
3. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

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

4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
5. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

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How I considered this complaint

6. I have considered Mrs Y’s complaint and the documents she sent us. I have also considered the Care Provider’s response to Mrs Y’s complaint and its response to our preliminary enquiries.
7. Although Mrs X applied to appoint Mrs Y as her Lasting Power of Attorney, Mrs X passed away before this was completed. Mrs X’s next of kin provided her consent for Mrs Y to pursue this complaint.
8. Mrs Y and the Care Provider now have an opportunity to comment on this draft decision. I will consider any responses I receive before making a final decision.

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What I found

What happened

9. The late Mrs X had been resident at Garersewednack Care Home (the Care Home) for several years. Mrs Y was her close friend. Because Mrs X’s family lived abroad, Mrs Y was her main visitor and acted as her unofficial representative. Mrs X had capacity to make her own decisions.
10. Since Covid 19 restrictions were lifted, Mrs Y became concerned about several aspects of Mrs X’s care. These included:

• Quality of food.
• Cleanliness of Mrs X’s room.
• Inadequate personal care.

11. Mrs Y says she tried to raise these concerns with care staff and the Care Home manager (Mrs P). She also expressed her concerns to an external auditor and the Care Quality Commission.
12. Mrs Y says this led to her being bullied and intimidated by Mrs P. This caused Mrs Y considerable distress. Mrs Y told the Ombudsman she wanted Mrs X to make an apology infront of her staff.
13. In response to our initial enquiries the Care Provider has provided a detailed account of how it dealt with Mrs Y’s actions and complaints.
14. The Care Provider says Mrs Y was difficult and obstructive. Several members of staff raised their concerns with Mrs P about Mrs Y’s conduct whilst visiting the Care Home. Mrs Y received a written warning about her behaviour.

Analysis

15. Paragraph three (above) applied to this complaint.
16. I know Mrs Y wanted us to investigate because of her strong belief the Care Home provided poor care while Mrs X was a resident there. But my view it is highly unlikely that any investigation by the Ombudsman would be able to prove her allegations, or achieve the outcome sought by Mrs Y.
17. Any further investigation by us would not find evidence that would support Mrs Y’s allegations. Most of her complaint was about the attitude of Mrs D. The Care Provider has provided the Ombudsman with evidence that contradicts what Mrs Y says happened.
18. So my view is that I should discontinue my investigation, as I do not believe our further investigation would add anything to what the Care Provider has already told Mrs Y or would we be able to make a finding of fault.

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Final decision

19. Further investigation by the Ombudsman would be unlikely to add anything to the investigation the Care Provider has already carried out. On this basis, I have discontinued my investigation

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman