Summary: We will not investigate this complaint about the quality of Mrs Y’s care in the lead up to her death. We could not achieve a different or more meaningful outcome by doing so. We will not investigate late parts of the complaint as there is not a good reason for the delay in escalating events of early 2024 to us.

The complaint

1. Mrs X complained about the quality of residential care provided to her mother (Mrs Y), in particular over one week in January 2025. Mrs X said negligent care caused Mrs Y’s death. Mrs X said the care home did not monitor Mrs Y when she was nearing the end of her life and found her body after several hours. Mrs X believed the Care Provider engaged in a cover-up.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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 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

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

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My assessment

6. Mrs X complained to us about the care Mrs Y received in a residential home. The complaint is partly about concerns Mrs X raised with the Care Provider in early 2024. The law says people must complain to us within 12 months of becoming aware of the matter, unless there are good reasons. Mrs X could have escalated those concerns to us in 2024, so we will not now consider those late matters.
7. Mrs X’s complaint also concerns Mrs Y’s care in the lead up to her death in early 2025. She says the Care Provider’s actions caused Mrs Y’s death, and she told the Care Provider the outcome she sought from her complaint was for a member of staff to have their employment terminated.
8. We have no power to make recommendations in relation to staffing and employment of the Care Provider. We also could not say any action or inaction of the Care Provider caused Mrs Y’s death. Only a coroner could come to such a conclusion. We cannot achieve the outcomes Mrs X seeks by complaining.
9. I have considered the Care Provider’s records of the care Mrs Y received in the week leading up to her death. The evidence supports the explanations the Care Provider gave to Mrs X during its internal complaint-handling. The records confirm, for example:
• the Care Provider sought medical assistance swiftly when necessary, including in the days leading up to Mrs Y’s death;
• care staff found Mrs X unresponsive, but not yet deceased, on the morning of her death; and
• checks had been carried out regularly in the hours leading up to this.
10. We could not come to sound conclusions now about what was said during verbal conversations. The Care Provider told Mrs X it would address her concerns about unprofessional behaviour of a member of staff with that member of staff. It explained this would include reminding them of professional boundaries. The Care Provider also reported Mrs X’s concerns to the Local Authority and the Care Quality Commission.
11. If we investigated the complaint, we could not remedy any injustice to Mrs Y even if we identified fault by the Care Provider, because she is deceased. Mrs X said others may remain at risk, however having considered the records from the period in question, there is insufficient justification to investigate the matter solely in the interests of others. There is no substantive evidence to support Mrs X’s suspicion the Care Provider has attempted to conceal information, and the evidence supports the explanations it provided to Mrs X. Further investigation would not result in a different or more meaningful outcome.

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Final decision

12. We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome, and parts of the complaint are late.

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Investigator's decision on behalf of the Ombudsman