Summary: We will not investigate this complaint about Mrs Y’s care in a care home. We could not achieve a worthwhile or meaningful outcome by investigating the matter further.

The complaint

1. Mrs X complained about the care her mother (Mrs Y) received in a care home. Mrs X’s complaints included the Care Provider:
• failed to identify a urinary tract infection and medication intolerance;
• isolated Mrs Y in her room;
• provided poor quality food;
• kept poor records and included derogatory comments about family members; and
• did not take steps to resolve concerns when they arose.
2. Mrs X said the matter caused distress to the family and a decline in Mrs Y’s mental health. She said the Care Provider’s actions likely accelerated Mrs Y’s death. She wanted the Care Provider to make service improvements to avoid others experiencing the same issues.

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The Ombudsman’s role and powers

3. 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:

• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

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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. Mrs X raised several concerns with the Care Provider. In its complaint response, the Care Provider accepted fault in several areas, for example in record-keeping and miscommunications, and it provided further explanations in other areas. It explained the steps it had taken considering the findings, which included staff reminders, training and additional support. It apologised and offered to refund some of Mrs Y’s fees to the family, as Mrs Y had since died.
7. If we investigated the matter, it is unlikely we would recommend different action, because:
• We could not say the actions of the Care Provider accelerated Mrs Y’s death, and in any event where someone has died, we will not normally seek a remedy for injustice caused to that person in the same way as we might for someone who is still living. We could not remedy any injustice caused to Mrs Y.
• The Care Provider has apologised to Mrs X and acknowledged the family’s confusion and distress. It has offered to refund some of the fees Mrs Y paid.
• It has also already explained the service improvements it intends to take as a result of the learning from Mrs X’s complaint. This is the outcome Mrs X sought from complaining, and it is unlikely we would make further recommendations.

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Final decision

8. We will not investigate Mrs X’s complaint because we could not achieve a worthwhile or meaningful outcome by investigating the matter further.

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Investigator's decision on behalf of the Ombudsman