Summary: We will not investigate Mrs X’s complaint about a care home providing a poor standard of care to her late father. This is because we could not add to the Care Provider’s investigation and a further investigation would not lead to a different outcome. The Council has also offered an appropriate remedy.

The complaint

1. Mrs X complains the Care Home provided a poor standard of care to her late father, Mr Y. Mrs X says this has caused her and her family significant distress. She wants the Care Home to acknowledge it was at fault, refund the fees paid and ensure it makes service improvements so it does not deliver poor care to other residents.

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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
• further investigation would not lead to a different outcome, or

(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 Mrs X and the Care Provider.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y was a resident at the Care Home whilst receiving respite care. Mrs X says Mr Y suffered from vascular dementia. Mrs X complains Mr Y fell over in his room at night causing himself extensive injuries and the Care Home cannot account for what happened to Mr Y.
6. Mrs X also complains of poor record-keeping by the Care Home, poor communication with Mrs X following Mr Y’s fall and a lack of dignity and respect towards Mr Y.
7. The Care Provider carried out an investigation, considered each of the issues raised and provided its response.
8. The Care Provider states it was unable to provide an explanation to Mrs X of what happened to Mr Y the night of his fall as there were no witnesses. It has agreed to carry out a full review of its sensor equipment and make service improvements to staff recording welfare checks and care interventions to prevent this happening to other residents.
9. The Care Provider has also agreed to make service improvements to its communication procedures and the way in which it deals with grieving relatives.
10. The Care Provider admits fault in not following process and holding a Best Interests Meeting with Mrs X about Mr Y and the equipment he needed. It has apologised to Mrs X for not consulting her as part of the process and confirmed management at the Care Home have received further training and carried out a full review of the Care Home.
11. We will not investigate Mrs X’s complaint because the Care Provider has already investigated the complaint, accepted failings in the care it provided, apologised, made service improvements and offered a remedy. I do not consider we could add to its investigation or achieve a different outcome.

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Final decision

12. We will not investigate Mrs X’s complaint because we could not add to the Care Provider’s investigation and further investigation would not lead to a different outcome. The Council has also provided an appropriate remedy.

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Investigator's decision on behalf of the Ombudsman