Summary: The Ombudsman will not investigate this complaint about the actions of a care home. This is because there is no worthwhile outcome that we could achieve through investigation of the issues raised.

The complaint

1. The complainant, who I refer to here as Mrs U, complains about the care for her aunt at the care home before her death, and the actions of the care home in relation to Mrs U and her family.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. 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. (Local Government Act 1974, section 24A(6), as amended)

4. 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.

5. (Local Government Act 1974, section 26A(2), as amended)

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How I considered this complaint

6. I considered the information provided by Mrs U and by the Council. I have also sent Mrs U a draft decision for her comments.

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What I found

7. Mrs U complains that her aunt was not properly cared for or safeguarded at her care home. We will not look at this aspect of the complaint, for two reasons. Most of this issue has been previously considered and decided by the Ombudsman, and we do not consider the same issue more than once. Additionally, Mrs U cannot be considered as a suitable representative for her aunt, as she is not her Next of Kin, and did not hold Power of Attorney, which resided with her aunt’s son until her death.
8. Mrs U has made several allegations about the conduct of staff members at the care home, but the only allegation that relates to an alleged injustice to Mrs U personally, is that the care home unfairly banned her from its premises.
9. The care home says in its letter to Mrs U that she was being banned due to her conduct, which was causing distress to her aunt. Although Mrs U disputes the home’s interpretation of events, it is clear that there were noisy disturbances in the home. However, we cannot come to an evidence based decision as to which version of events is correct, so I am unable to make a finding on the cause of the disturbances.
10. Mrs U does not appear to have made a complaint about this issue to the Council, which could have considered whether the care home’s decision was properly taken and a fair response.
11. We will not investigate this issue however, or ask the Council to do so, as there is no worthwhile outcome that could now be achieved. With the death of Mrs U’s aunt, her views, which were central to the care home’s decision, cannot be verified. Nor can the decision now be changed.

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Final decision

12. Subject to any comments Mrs U might make, my view is that the Ombudsman should not investigate this complaint. This is because there is no worthwhile outcome that can now be achieved.

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Investigator's decision on behalf of the Ombudsman