Summary: We will not investigate Mr X’s complaint about the Nursing Home preventing Mr Y from moving to another placement. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complained the Nursing Home prevented Mr Y from moving to another placement. He said the Nursing Home was not suitable for Mr Y which caused him to deteriorate. It caused Mr X distress. Mr X wants the Nursing Home to acknowledge it acted with fault.

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The Ombudsman’s role and powers

2. 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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Care Provider.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y had dementia and had problems with his mental capacity. He started his placement at the Nursing Home on an initial four-week trial. Mr X said Mr Y was unhappy at the Nursing Home and it had severely affected his health. Mr X said Mr Y wanted to move to another placement and so he arranged for another care provider to visit him in the Nursing Home to complete an assessment. However, Mr X said the Nursing Home did not allow the assessment to happen.
6. In response to Mr X’s complaint, the Nursing Home said as Mr X did not have Lasting Power of Attorney (LPA) for Mr Y’s health and welfare and he was also not named as a next of kin, Mr X was not able to make any decisions on behalf of Mr Y. It said it had spoken with Mr Y’s Social Worker and made them aware it was not able to support Mr Y to move to another placement until an independent advocate was present to support him during any assessments.
7. After three months, Mr Y moved to another placement following an assessment where an independent advocate supported him.
8. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Nursing Home. As Mr Y lacked capacity, he required support to determine whether it was in his best interest to move to another placement. Mr X did not have LPA of Mr Y’s health and welfare and so he did not have the authority to make such decisions on behalf of Mr Y. The Nursing Home’s actions were therefore appropriate.

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Final decision

9. We will not investigate Mr X’s complaint as there is insufficient evidence of fault by the Nursing Home.

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Investigator's decision on behalf of the Ombudsman