Summary: We will not investigate Mr X’s complaint about the poor care and support the Care Provider’s Care Home provided to his sister, Miss Y, during her respite stay. This is because we could not add to the Care Provider’s investigation and subsequently, we cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complained the Care Provider provided poor care and support to his sister, Miss Y, during her respite stay at its Care Home. He said it negatively affected Miss Y’s mental and physical health and caused him distress. The Care Provider investigated Mr X’s concerns and offered a remedy however, Mr X wants the Care Provider to reconsider its remedy.

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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:

• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants.

(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. Miss Y resided at the Care Home for respite care for five weeks in late 2024. She had previously used this service. Following her discharge, Mr X complained to the Care Provider and said:
• staff provided poor personal care to Miss Y. They failed to give her an adequate amount of baths and daily washes which affected her skin integrity;
• staff had not properly administered Miss Y her medication;
• staff had not addressed a sore on Miss Y’s back;
• Miss Y had several scratches on her face;
• Miss Y had developed an infection on her skin.

Mr X wanted the Care Provider to provide an apology for the negative impact the care had on his sister and a financial remedy.

6. The Care Provider investigated Mr X’s complaint. Its investigation found there were several faults in the care it had provided to Miss Y which included:
• poor recording keeping in relation to the personal care it had provided to Miss Y. It was therefore not confident staff had provided care and support to Miss Y she required;
• staff administering medication to Miss Y later than expected, not re-offering medication Miss Y refused which resulted in Miss Y missing several doses of medication and not adhering to leaving a specific time between different medications. The Care Provider noted no harm had been caused to Miss Y;
• staff failing to document a sore on Miss Y’s back upon initial assessment and escalating it promptly;
• staff failing to present Miss Y’s clothes appropriately which supported her with dressing and undressing independently as well as with ease. This caused injury to Miss Y’s face;
• staff failing to inform Mr X concerns it had with Miss Y’s skin upon discharge; and
• staff using out-of-date care plans and risk assessments and recording inaccurate information in Miss Y’s care records.
7. The Care Provider apologised to Mr X and Miss Y for the distress the identified faults had caused them. It said it had addressed the faults with the team to ensure it made service improvements to prevent a recurrence of faults. The Care Provider also offered to reimburse all care fees Mr X/Miss Y had paid which was approximately £5,600. However, Mr X remained unhappy and asked the Care Provider for an increased financial remedy. The Care Provider said it was not able to increase its financial remedy.
8. We will not investigate Mr X’s complaint. This is because the Care Provider has apologised to Mr X and Miss Y for the injustice caused and offered to reimburse all care fees. This is appropriate and in line with our Guidance on Remedies, the payment is more than what we would recommend. The Care Provider also addressed all faults with the team to ensure service improvements were made which was also appropriate. Therefore, we could not add to the Care Provider’s investigation. Subsequently, we cannot achieve the outcome Mr X wants.

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Final decision

9. We will not investigate Mr X’s complaint because we could not add to the Care Provider’s investigation and subsequently, we cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman