Summary: We will not investigate this complaint about the Care Provider’s failure to properly care for Ms X shortly before she died. This is because an investigation would be unlikely to find evidence of fault on the Care Provider’s part causing a significant injustice.

The complaint

1. Miss Q complained on Ms X’s behalf that the carers who carried out Ms X’s end of life care took actions which contributed to her death and prevented Miss Q and her siblings from being with Ms X when she died.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Miss Q complained that the two carers assigned to provide end of life care for her mother Ms X, did not follow the details set out in Ms X’s care plan and this led to Ms X’s death. She was also unhappy she and her siblings were prevented from being in the room when Miss X died.
6. The Care Provider investigated the complaint and partially upheld some of Miss Q’s complaint points. The Care Provider found the communication between the carers and the nursing staff fell short of expectations, but the evidence showed the carers followed Ms X’s care plan. The Care Provider did not find evidence that Miss Q was prevented from being in the room when Ms X died. Miss Q brought the complaint to the Ombudsman as she remained unhappy.
7. The Ombudsman will not investigate complaints where any fault identified did not lead to a significant injustice for the complainant. The evidence shows that whilst this situation was understandably upsetting, any fault on the Care Provider’s part did not directly lead to an injustice for Miss Q. The Care Provider carried out a full and thorough investigation and provided solid reasons for its findings. This is therefore not a complaint we would investigate.

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Final decision

8. We will not investigate Miss X’s complaint because an investigation would be unlikely to find evidence of fault causing a significant injustice.

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Investigator's decision on behalf of the Ombudsman