Summary: We will not investigate Miss X’s complaint that her mother’s care provider failed to provide care in line with the care plan. This is because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Miss X complains her mother’s care provider failed to provide care in line with the care plan. She complains her mother’s carers were heavy handed and physically abused her mother, causing bruising and pressure sores.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), 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. Miss X’s mother, Mrs Z, went into a care home at the end of April 2024. The placement was respite care to allow Miss X a break from her caring role.
6. Mrs X was taken to hospital in early May 2024, following concerns raised by her family during a visit.
7. Prior to her placement, Miss X discussed her mother’s care needs with the care home. From the information provided, the care home created a care plan. The care plan noted:
• Mrs Z had capacity and there were no concerns about her ability to communicate her needs and wants.
• Mrs Z was dependent on her wheelchair but was able to stand transfer. Therefore, she was independently able to transfer in and out of bed/chair and on and off the toilet once her wheelchair was correctly positioned.
• Mrs Z’s skin was very fragile that bruised and bled easily. Mrs Z was therefore not to be touched unless she asked. It was also noted that Mrs Z’s arms were not to be held or lifted.
8. The care provider’s daily care records detailed Mrs Z was assisted or helped with various tasks during her stay at the care home. This included getting onto the toilet, using the toilet, getting to and up from her chair and bed. However, there was no detail provided within the records to specify exactly how Mrs Z was assisted or whether she had asked for support.
9. When in hospital, Mrs Z gave a statement to the police detailing that care staff had continuously grabbed her by the arms and wrists to pull her up even though she had told them she did not need help.
10. Miss X provided us with a photograph showing the bruises on her mother. The care home also confirmed it failed to complete a body map for Mrs Z when she entered the care home and so it could not determine exactly when the bruising occurred.
11. On balance, having considered all the evidence, I am satisfied it is likely care staff had physically handled Mrs X when she did not ask for help and support. If we were to investigate, it is likely we would find fault with this as this was not in line with Mrs Z’s care plan. I am also satisfied this was likely to have contributed to Mrs Z’s bruising. The likely fault will have caused Miss X distress.
12. The care records also showed there was a decrease in fluids offered to, and drunk by, Mrs X on 3 and 4 May, compared to previous days. While there was then an increase in fluid intake on 5 May, there was again a decline on 6 May. The care provider noted staff did not always record when Mrs X was offered and drunk fluids. The care provider accepted this was poor record keeping.
13. The accepted fault will have caused distress to Miss X because there is uncertainty as to whether her mother was given sufficient fluids during her stay at the care home.
14. We therefore asked to the Council to consider remedying the injustice caused by completing the following:
• Apologise to Miss X for the distress and uncertainty caused by the likely faults.
• Make a symbolic financial payment of £500 to recognise the distress and uncertainty caused by the likely faults.

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Agreed actions

15. 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

16. We have upheld this complaint because the Council 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