Summary: A woman complained about the way in which her father was discharged from hospital to a care home. The Ombudsmen will not investigate the complaint because it is late.

The complaint

1. A woman I will call Ms P complained that her father who I will call Mr D was discharged from hospital to a care home without discussion with his family or his family’s consent, by Stockport Metropolitan Borough Council (the Council) and Stockport NHS Foundation Trust (the Trust). Ms P also said Mr D was discharged to a care home which could not provide physiotherapy, which meant he could not improve his mobility.

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The Ombudsmen’s role and powers

2. The Ombudsmen investigate complaints about ‘maladministration’ and ‘service failure’. We use the word ‘fault’ to refer to these. If there has been fault, the Ombudsmen consider whether it has caused injustice or hardship (Health Service Commissioners Act 1993, section 3(1) and Local Government Act 1974, sections 26(1) and 26A(1)). If it has, they may suggest a remedy.
3. The Ombudsmen have the power to jointly consider complaints about health and social care. Since April 2015, these complaints have been considered by a single team acting on behalf of both Ombudsmen. (Local Government Act 1974, section 33ZA,as amended, and Health Service Commissioners Act 1993, section 18ZA)
4. 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

5. I considered information provided by Ms P in writing and by phone and information provided by her mother Mrs D by phone. I considered copies of correspondence provided by the Council. I discussed my view of the complaint with Ms P by phone and considered what she said.

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What I found

6. In Spring 2017, Mr D was discharged from hospital to a care home. Ms P said the hospital social worker arranged the discharge to a care home without any consultation with the family and without their agreement, to a care home which was not expecting him and could not provide the rehabilitation he needed. She said they did not want Mr D to live in a care home, they wanted him at home. She said they battled with the Council to get him home, but because the Council would not let them he died in the care home.
7. Ms P first complained to the Council in May 2017, and it responded in December 2017. It said its records show Mrs D was involved with the decisions about Mr D’s discharge to the care home.
8. In January 2018, Ms P told the Council she was not satisfied with its response, and the Council told her she could bring her complaint to the Ombudsman.
9. Later correspondence shows that the Council told Ms P the records show that everyone agreed Mr D was in the right place. Ms P said this is untrue.
10. In March 2019 the Council wrote to Mrs D, following further contact from Ms P. It enclosed extracts from its case notes, which say matters relating to Mr D’s discharge from hospital were discussed with the family. They also say Mr D would not benefit from physiotherapy.
11. Ms P brought her complaint to the Ombudsmen in May 2019. I asked her about the delay in bringing the complaint to us. She said though the Council told her she could bring her complaint to the Ombudsmen in January 2018, it did not tell her there was a time limit.
12. Ms P also told me she considers that the records made by the social worker involved with Mr D’s discharge have been written to suggest that the Council did not do anything wrong, when it did.
13. I have considered whether there is good cause for us to investigate this complaint even though it is late. On balance, I am not satisfied that there is continuous good cause for the delay in bringing the complaint to us. Given the time that has passed since Mr D’s discharge, the people involved are unlikely to be able to reliably recall the events. Taking into account that Ms P considers that the professionals’ records are wrong, I am not satisfied that we would still be able to reach a robust, fair and meaningful decision on the complaint now. Therefore, I have decided that the Ombudsmen should not investigate this complaint.

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Decision

14. The Ombudsmen will not investigate this complaint because it is late.

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Investigator's decision on behalf of the Ombudsman