Summary: We will not investigate this complaint about the care provided to Ms X’s father, because we would be unlikely to be able to achieve a worthwhile outcome.

The complaint

1. Ms X complained about the care provided to her father while he was at the Care Home.
2. She says the failures in the Care Home’s care provision led to his death, and she seeks compensation for this.

Back to top

The Ombudsman’s role and powers

3. 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))

Back to top

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.

Back to top

My assessment

6. Ms X’s father was a resident at the Care Home for five days before he fell and was admitted to hospital. He died while he was at the hospital.
7. Ms X complained that the Home had not provided her father with the care he needed and that this caused him to die sooner than he may have.
8. The Care Home accepted and apologised for some failures in its provision and implemented service improvements to avoid a repeat of the issues which occurred in this instance. It also waived all care fees.
9. We cannot make a decision as to whether the death could have been prevented by the Care Home. Only a Coroner could decide whether anyone’s actions caused or contributed to someone dying.
10. As Ms X has died, we cannot remedy any injustice caused to him from any shortfall in the care he received.
11. It is not the role of the Ombudsman to award compensation for damages from alleged negligence. That is a matter for the courts. It is therefore unlikely we would achieve a remedy beyond what the Care Home has already offered to
    Ms X even if we were to investigate.

Back to top

Final decision

12. We will not investigate Ms X’s complaint because we could not likely achieve a worthwhile remedy, so the matter does not warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman