Summary: We will not investigate Mrs X’s complaint that the Care Provider failed to contact her about an incident involving her late mother. The Care Provider has taken appropriate action to address the injustice caused. It is unlikely an Ombudsman investigation would achieve anything further.

The complaint

1. Mrs X says her mother suffered a fall in the Care Provider’s care, resulting in a hospital admission. She complains the Care Provider failed to contact her or her family about the fall or hospital admission. She says they only became aware of the hospital admission due to a family member working at the hospital. She said this was a shock to her and her family. Mrs X’s mother died a few weeks later.
2. Mrs X says the failure to contact the family about the incident or hospital admission represents a failure in duty of care, safeguarding and basic communication protocols. She says the matter has caused lasting emotional impact on her and her family. Mrs X wants her questions answered and compensation for negligence.

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The Ombudsman’s role and powers

3. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2) and 34C(2), as amended)

4. We have accepted Mrs X as a suitable person to make this complaint.
5. 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, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

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

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My assessment

8. The evidence I have seen shows the Care Provider investigated Mrs X’s complaint and admitted it did not contact her or her family about the fall or hospital admission. It explained the reasons it did not contact the family and apologised for this. It explained that it had addressed the incident with staff and completed wider staff learning about the importance of contacting families about similar incidents.
9. I am satisfied the Care Provider’s actions provide an appropriate and proportionate remedy for the injustice caused to Mrs X and her family, and to improve future service. Further investigation by us is unlikely to lead to a different outcome. Mrs X’s mother died, so we can provide her with no remedy for any personal injustice.
10. Negligence is a legal matter, if Mrs X wishes to make a claim of negligence and seek compensation she should seek legal advice. Mrs X wants answers about what happened, but this would not be a good use of our resource solely to achieve this. Mrs X could ask for information under data protection laws. If Mrs X is unhappy with how the Care Provider responds to her request for information, then she could approach the Information Commissioner’s Office. They would be better placed to consider that matter.

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Final decision

11. We will not investigate Mrs X’s complaint because it is unlikely we would add to the Care Provider’s investigation or reach a different outcome.

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Investigator's decision on behalf of the Ombudsman