Summary: We will not investigate this complaint about privately arranged adult residential care. This is because it is unlikely we would add to investigations that have taken place, we cannot achieve the outcomes the complainant wants, and the court might be better placed to consider this complaint about negligence.

The complaint

1. Ms B says the Care Provider gave poor care to her relative, Mr C. Ms B says the Care Provider will not accept the findings of the local safeguarding authority and will not answer her questions. Ms B says this has impacted her mental and physical health, and she cannot grieve properly for Mr C. Ms B wants the Care Provider to acknowledge its mistakes, and she wants compensation for negligence and the impact on her health.

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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:

• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

6. In 2020 Mr C stayed in the Grange Retirement Home run by The Grange (Chertsey) 2002 Ltd (the Care Provider). Complaints about the standard of care are therefore late complaints, as have been known about for over four years. I can see no good reason the complaint could not have been made to the Ombudsman sooner. Although there were other investigations ongoing that would not prevent Ms B contacting the Ombudsman within 12 months of the events complained of.
7. There have been investigations completed by the local safeguarding authority and the Care Quality Commission (CQC). The Care Provider’s refusal to accept the findings of the safeguarding authority is not a late complaint as the findings were shared in 2024. It is unlikely the Ombudsman would add to these investigations or achieve a different outcome. The safeguarding authority found organisational abuse and neglect, and the Care Provider apologised to Ms B. Mr C has died and so the Ombudsman can provide him no personal remedy for any injustice he suffered. The CQC has worked with the Care Provider to improve its practices.
8. Ms B believes the Care Provider’s actions contributed to Mr C’s death. This is not something the Ombudsman can decide, this would be for a coroner or perhaps the court. Ms B also wants compensation for neglect. The Ombudsman does not decide on negligence, that is a legal matter for the court. So, the court might be better placed to consider this complaint.

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Final decision

9. We will not investigate Ms B’s complaint because it is unlikely we could add to investigations that have already taken place, we cannot achieve the outcomes Ms B wants, and the court might be better placed to consider this complaint.

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Investigator's decision on behalf of the Ombudsman