Summary: We will not investigate this complaint about medication errors in a residential care home. The resident has died so we can provide no remedy to them, and there is no ongoing risk. The Local Authority safeguarding, and the Care Quality Commission have investigated, so it unlikely we would reach a different outcome in the wider public interest. There is an impact on the relative of the resident, who is distressed. But this is not significant injustice on its own to justify an Ombudsman investigation.

The complaint

1. Ms E complains the Care Provider gave her relative, Mr F, a double dose of medication for a significant period. Ms E says the Care Provider has not been transparent in its investigations. Ms E says this has impacted on her mental health and she has a lack of closure following the death of Mr F.

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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:

• the action has not caused significant enough injustice to the person who complained to justify our involvement, or
• it is unlikely we could add to any previous investigation by the care provider or other bodies involved, or
• it is unlikely further investigation will lead to a different outcome.

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

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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. We do not investigate all complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
6. The most serious injustice caused by giving the wrong medication is caused to Mr F. As Mr F has died, we can provide no remedy for any injustice he suffered. Although there is an impact on Ms E it would not justify an Ombudsman investigation. The issues are not ongoing, and we would not investigate solely to achieve an apology.
7. The Local Authority has a role to safeguard vulnerable adults and has completed a safeguarding investigation into mismanaging medication by the Care Provider. The Care Quality Commission (CQC) is the regulator of health and social care in England. The CQC has fundamental standards below which care should never fall. The CQC has also investigated the Care Provider’s mismanagement of medication. Therefore, there is no need for the Ombudsman to investigate in the wider public interest, because it is unlikely we would add to investigations and actions already undertaken by the Care Provider, the Local Authority and the CQC.

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Final decision

8. We will not investigate Ms E’s complaint because although there is an impact on Ms E, it does not justify the Ombudsman’s limited resource to investigate. It is unlikely we would add to previous investigations or achieve a different outcome.

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Investigator's decision on behalf of the Ombudsman