Summary: We will not investigate this complaint about privately arranged respite care in a care home. The Care Provider accepted some fault in case recording and communication and has acted to improve service and refunded a third of the care fees. It is unlikely an Ombudsman investigation would achieve anything further.

The complaint

1. Ms B says the Care Provider failed in the care it gave to her relative, Ms C. Ms B says the Care Provider failed to seek medical attention when Ms C lost weight, or when family raised concerns about her health. Ms B also says the communication with family was poor as was the case recording. Ms C went to hospital and died shortly after. Ms B is upset that Ms C received poor care near the end of her life. Ms B feels guilt at leaving Ms C in the care of this provider.

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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 we could add to any previous investigation by the care provider, or
• it is unlikely further investigation will lead to a different outcome.

(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. Ms C stayed at Abney Court care home run by Care UK (the Care Provider) for a short respite break. Ms C has since died and so the Ombudsman can provide her no remedy for the impact of any poor care she may have received.
6. The Care Provider has accepted some failures, mainly in care recording and communication. It has advised of the actions it will take to improve service and has refunded a third of the fees Ms C paid. It has also apologised to Ms B. It is unlikely an Ombudsman investigation would add to this or achieve anything further.
7. I note the Care Provider has no records of a GP visit that supposedly took place, or of the advice the GP gave. The Care Quality Commission regulates care providers and has fundamental standards below which care should never fall. The failure in recording may be a breach of the fundamental standard for good governance.
8. Ms B wants a thorough investigation, but if case notes do not exist or have been fabricated, we would be unlikely to add anything further. I note Ms B says there is to be an inquest into Ms C’s death. This would be the appropriate investigation to decide whether medical advice was appropriately sought and whether the Care Provider’s actions contributed to Ms C’s death.

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Final decision

9. We will not investigate Ms B’s complaint because it is unlikely we would add to the Care Provider’s investigation or achieve anything further.
10. Under our information sharing agreement, we will share this decision with the Care Quality Commission (CQC).

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Investigator's decision on behalf of the Ombudsman