Summary: We will not investigate Mrs X’s complaint about the standard of care she received whilst staying at a care home. This is because an investigation would not lead to any further findings or worthwhile outcomes. In addition, there is another body better placed to consider her complaint about the Council’s handling of her personal data.

The complaint

1. Mrs X complains about the standard of care she received while staying at a care home. She complains about:
• Poor induction when she arrived at the care home.
• Poor medication administration.
• Poor meal choices and lack of access to fluids.
• Loud noise levels within the home.
• Poor responsiveness to her call alert bell.
• Inaccurate records stating she said she was happy and content.

She also complains the care provider disclosed her personal information to a third party without her consent.

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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 an investigation if we believe:

• it is unlikely we could add to any previous investigation by the care provider, or
• it is unlikely further investigation will lead to a different outcome, or
• there is another body better placed to consider this complaint.

(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. Mrs X booked a week of respite care at the care home to recover following surgery. Mrs X said she left the care home after three days because of the poor care and service she received.
6. In its complaint response, the care provider detailed:
• Mrs X was welcomed on arrival, shown to her room and shown how to use the call bell.
• The care home does not provide health and safety or fire briefing to new residents when they move in.
• The care home had received information from the hospital regarding Mrs X’s care needs and a care plan had been created.
• The care plan detailed Mrs X’s current needs and capabilities. This included information that Mrs X was very independent and will use the call bell if she needed support and that she did need support when using the toilet.
• No record that any concerns about using the bathroom or access to water was made during her stay.
• Records showed Mrs X’s medication had been administered in accordance with the prescriber’s instructions.
• There were several meal options available during the three days Mrs X stayed at the care home and that the records showed meals and snacks were severed to Mrs X with no concerns raised.
• Records showed all of Mrs X’s call bell alerts were responded to within the normal response time of four to seven minutes.
• Staff had not been made aware of any concerns about the care and support being provided at the time of Mrs X’s stay.
7. Mrs X disagreed with the findings of the care home and said that the records referred to did not accurately reflect her experience.
8. An investigation is not proportionate because we are not likely to reach any different findings. This is because of the conflict in the evidence given the care provider’s records state one thing and Mrs X’s account states something different. Given the conflicting information, we would not be able to say what happened, even on balance.
9. As we are not likely to make any findings around the care and support provided to Mrs X during her stay at the care home, we cannot recommend the care provider refund Mrs X.
10. Mrs X’s complaint about the care home disclosing her personal data to a third party without her consent is best considered by the Information Commissioner’s Office. This is because the complaint is about the Council’s handling of her personal data.

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Final decision

11. We will not investigate Mrs X’s complaint because an investigation would not lead to any further findings or worthwhile outcomes. In addition, there is another body better placed to consider her complaint about the Council’s handling of her personal data.

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Investigator's decision on behalf of the Ombudsman