The Ombudsman's final decision
Summary: We will not investigate this complaint about the quality of care at a care home. This is because the Care Provider acting on behalf of the Council agreed to take action we recommended to remedy the injustice to Mrs X.
The complaint
Mrs X complained the Care Provider did not provide good quality care to her mother, Mrs Y. Paramedics raised a safeguarding alert because of Mrs Y’s poor state on a hospital admission. Mrs X and Mrs Y experienced distress. Mrs X wants an apology and explanations.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we decide we could not add to any previous investigation by the organisation or if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, sections 24A(6) and 24A(7), as amended)
How I considered this complaint
I considered information provided by the complainant and the Care Provider.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs Y lived in a care home before she was admitted to hospital. The paramedics raised concerns about Mrs Y as she was in a poor state and appeared distressed, The Care Provider has since taken action to improve its service to ensure other residents are protected going forward.
The actions of the Care Provider caused injustice to Mrs X and Mrs Y. It is not possible to remedy injustice to Mrs Y, as she has passed away. However, Mrs X experienced avoidable distress and the Care Provider agreed during the course of our involvement to pay a symbolic amount to Mrs X to recognise this. It provided us with an apology letter to send to Mrs X, acknowledging her distress. I am satisfied the Care Provider has taken action to remedy the impact of its actions.
Mrs X wants further investigations and explanations as to why her mother’s distress was not picked up sooner by care home staff. However, I do not believe further investigation would provide the meaningful outcome she seeks, and so it is not a good use of public money to carry out further investigation given that the Council already investigated the circumstances, and suitable action has been taken.
Agreed Action
The Care Provider provided us with a letter to forward on to Mrs X. It also paid Mrs X £200 to recognise the distress she experienced.
Final decision
We will not investigate Mrs X’s complaint because we are satisfied with the action the Care Provider has agreed it will take.
Investigator's decision on behalf of the Ombudsman