Dryband One Limited (21 007 876b)

Category : Health > Care and treatment

Decision : Closed after initial enquiries

Decision date : 17 Oct 2021

The Ombudsman's final decision:

Summary: We will not investigate Ms M’s complaint. Her complaints about North East Lincolnshire Council’s safeguarding procedures and Bradley House Care Home and North East Lincolnshire Clinical Commissioning Group’s support for her mother are late.

The complaint

  1. The complainant, whom I shall call Ms M, complains on behalf of her deceased mother, Mrs C.
  2. Ms M says North East Lincolnshire Council (the Council) did not act in line with the relevant safeguarding procedures when it decided to move Mrs C to Bradley House Care Home (Bradley House - owned by Dryband Care Ltd). She says the Council did not communicate well, which caused her distress.
  3. Ms M says Bradley House and North East Lincolnshire Clinical Commissioning Group (the CCG) did not provide appropriate support to Mrs C. She says Bradley House missed the opportunity to escalate Mrs C’s deterioration in her final week there. Ms M says it was distressing to witness Mrs C deteriorate without support.
  4. Ms M says the CCG’s complaint response lacked honesty. She disagrees with comments around oral care, food and fluid intake, and other residents at Bradley House.
  5. Ms M would like the organisations to make service improvements, to ensure similar issues do not happen again to others.

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The Ombudsmen’s role and powers

  1. The Ombudsmen cannot investigate late complaints unless they decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to the Ombudsmen about something an organisation has done. (Local Government Act 1974, sections 26B and 34D, as amended, and Health Service Commissioners Act 1993, section 9(4).)

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How I considered this complaint

  1. I have considered information Ms M has provided in writing and over the phone. Ms M had an opportunity to comment on my draft decision. I considered her comments before making a final decision.

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What I found

  1. In February 2019, after receiving a safeguarding referral about Mrs C, the Council moved her from her home to Bradley House. Mrs C remained at Bradley House until her condition worsened. A local NHS Trust admitted Mrs C in late March, and she died a few weeks later.
  2. In October 2019, Ms M complained to her local NHS Patient Advice Liaison Service (PALS). PALS passed her complaint to the CCG a month later.
  3. The CCG responded to Ms M’s complaint in September 2020. The response referred to the Local Government and Social Care Ombudsman (LGSCO) if she remained unhappy.
  4. Ms M complained to LGSCO in late August 2021.
  5. I consider Ms M’s complaint is late. I will explain why.
  6. I understand why Ms M took six months to complain to the CCG after Mrs C died. I can also appreciate the CCG took a year to respond to her complaint.
  7. Ms M said she did not complain to the Ombudsmen soon after September 2020 because she was still processing what had happened. She added that her mother’s death had a significant impact on her mental health. I do not doubt that must have been difficult for Ms M. However, I am not persuaded she has provided an exceptional reason for not complaining sooner to the Ombudsmen after September 2020. Therefore, I consider her complaint is late.

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Final decision

  1. I have decided not to investigate this complaint because it is late.

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Investigator's decision on behalf of the Ombudsman

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