Summary: We will not investigate this complaint about the failings in care provided by Ocean Hill Lodge. The matters are best dealt with by the court.

The complaint

1. Mr X complained about the care provided by Ocean Hill Lodge (the Home), to his father, Mr Y. Mr X said Mr Y had several falls whilst resident at the Home, however, these were not reported to the family. He said the Home also did not take any action to prevent future falls. He said the Home’s management was obstructive and prevented him making complaints about its service. He said the Home’s management were abusive to family members.
2. Mr X said the Home was in breach of its contract, had been negligent in the care of Mr Y, and that had impacted his health and wellbeing. Mr X wants the Care Quality Commission (CQC) to take action against the Home.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. 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:

• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

8. Mr X’s complaint is the care of Mr Y has been negligent and has resulted in a deterioration in his health. He also states the Home is in breach of contract. Matters of negligence and any claim for compensation where harm has been caused, are matters for the court. Therefore, we will not investigate Mr X’s complaint as it is reasonable for him to pursue this matter and his complaint about breach of contract through the courts.
9. Mr X also confirmed the Home had ceased trading following the CQC placing it in special measures. Therefore, despite there being potential failings by the Home, there is nothing worthwhile to be achieved through our investigation. We cannot make service improvements to address any identified faults.

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Final decision

10. We will not investigate Mr X’s complaint because the courts are best placed to consider his complaint.

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Investigator's decision on behalf of the Ombudsman