Summary: We will not investigate this complaint about the care provided to residents in a care home. We have no consent for Mrs X to represent any resident living in the home. Investigation of the only matter relating directly to Mrs X would be unlikely to lead to any worthwhile outcome.

The complaint

1. Mrs X said a friend living in a care home was mistreated by staff. She complained residents in general were not well treated. She said she was barred from visiting the home.

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The Ombudsman’s role and powers

2. We may investigate complaints from the person affected by the complaint issues, or from someone else if they have given their consent. If the person affected cannot give their consent, we may investigate a complaint from a person we decide is a suitable representative. (section 26A or 34C, Local Government Act 1974)
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))
4. We normally name care homes and other care providers in our decision statements. However, we will not do so if we think someone could be identified from the name of the care home or care provider. (Local Government Act 1974, section 34H(8), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Most of the matters Mrs X complains of relate to a friend or other unnamed residents living in a care home. The family of her friend hold lasting power of attorney, and it is more appropriate for them to represent her. We have no consent for Mrs X to represent any resident of the home. Mrs X has also raised her general concerns about care at the home with the Care Quality Commission (CQC), which is the correct body to deal with them.
8. Mrs X told us a memo was issued to staff, and a staff member attempted unsuccessfully to prevent her entry to visit her friend. In response to her complaint, the home stated there had been a misunderstanding and she was welcome to visit her friend in the same way as any other visitor.

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Final decision

9. We will not investigate Mrs X’s complaint because:

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Investigator's decision on behalf of the Ombudsman