Somerset Council (23 004 916)
Category : Adult care services > Safeguarding
Decision : Closed after initial enquiries
Decision date : 22 Dec 2023
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the care provided to her mother. We could not add to any previous investigation by the organisation and further investigation would not lead to a different outcome.
The complaint
- Mrs X complains the Care Home failed to properly care for her mother, Mrs Z, when she was a resident. Specifically, she complains that nothing was done when Mrs Z refused to take her medication and Mrs Z was not sufficiently encouraged to eat, leading to weight loss. Mrs X says this caused Mrs Z’s death. She wants the staff involved to be suspended and disciplined and another investigation to take place.
The Ombudsman’s role and powers
- 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.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X complained about the care her late mother, Mrs Z, received at Fletcher House Care Home. The Care Provider which owns the Care Home investigated and identified some fault. It made service improvements to prevent the same thing happening again in future.
- Mrs X brought her concerns to the coroner because she believed the actions of the Care Home contributed to Mrs Z’s death. Mrs X also complained to the Care Quality Commission which regulates adult social care providers and the Council, who had commissioned and arranged Mrs Z’s care.
- The Care Provider’s investigation was thorough and evidence based. Its service improvements were appropriate to address the fault it identified. Other relevant bodies have been informed. Further investigation by the Ombudsman would be unlikely to add to this investigation or lead to a different outcome.
Final decision
- We will not investigate Mrs X’s complaint because further investigation by the Ombudsman would be unlikely to add to this investigation or lead to a different outcome.
Investigator's decision on behalf of the Ombudsman