Summary: We will not investigate this complaint about quality of the care provided to his mother during her stay at a care home. This is because the care provider has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mr X complains about the quality of care provided to his mother during her stay at a care home. Issues complained about include:
• Being allocated a different room than what was agreed.
• Not being able to contact his mother during her stay.
• A male resident persistently entering his mother’s room throughout the night.
• There was a delay in repairing his mother’s TV and door handle.

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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 provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Care Provider.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The care provider investigated Mr X’s complaint and acknowledged he had not been able to contact his mother during her stay and that the correct process to arrange a call back was not followed. I am satisfied this would have caused both Mr X and his mother distress.
6. Further, the care provider accepted Mrs X had experienced occasions where a male resident had walked into her room, which frightened her. While I acknowledge the care provider implemented an action plan to manage this male resident, the care provider said the benefits of the care plan only appeared once Mr X’s mother had left the care home. This suggests to me she likely continued to experience the male resident entering, or attempting to enter, her room throughout her stay. As this was a prolonged period, I am satisfied this will have caused Mr X’s mother significant distress.
7. While the care home had apologised for these issues, no personal remedy has been provided. Given the injustice caused, I am satisfied a further remedy would be appropriate in the circumstances.
8. I don’t consider a full refund to be appropriate as the care home has still provided care, accommodation, and food to Mr X’s mother during her stay. However, a symbolic financial payment would be appropriate in the circumstances to acknowledge the distress caused to both Mr X and his mother.
9. We therefore asked the care provider to make a symbolic financial payment of £300 to remedy the injustice caused by the faults accepted.

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Agreed action

10. The care provider agreed to resolve the complaint and will complete the above within four weeks of the final decision.

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Final decision

11. We have upheld this complaint because the care provider has 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