The Ombudsman's final decision
Summary: We will not investigate this complaint about adult social care in a residential care home, because it is unlikely we could add to the Care Provider’s investigation, or that further investigation would lead to a different outcome.
The complaint
Ms B says the Care Provider failed in its duty of care to her father, Mr C. The Care Provider failed to look after Mr C; he sustained facial injuries which Ms B believes was caused by the Care Provider pushing him to the ground. The Care Provider failed to communicate with the family about the incident and other aspects of care. This was stressful for Ms B and the rest of the family.
The Ombudsman’s role and powers
We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C) 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 we could add to any previous investigation by the care provider, or it is unlikely further investigation will lead to a different outcome.
(Local Government Act 1974, sections 34B(8) and (9))
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
Mr C lived at Trymview Hall, a residential home operated by the Care Provider. Mr C died earlier this year so the Ombudsman cannot achieve any remedy for Mr C. Ms B and her family have their own injustice caused by the actions of the Care Provider. For example the upset at witnessing their father’s pain and distress, and the frustration of poor communication.
The Local Authority completed a safeguarding investigation into Mr C’s injuries, but as it was an unwitnessed incident the outcome was inconclusive. The Ombudsman would not be able to conclude anything different.
The Care Provider has completed a thorough investigation and accepted various points of fault in its service and communication. The Care Provider has acknowledged the impact on the family by apologising and issuing a refund of around two months of care fees. It will also agree and pay an amount for missing items.
The Care Provider has explained actions it will take to improve its service and prevent future problems.
It is unlikely the Ombudsman could add to this investigation or achieve much more.
Final decision
We will not investigate Ms B’s complaint because it is unlikely we could add to the Care Provider’s investigation or achieve a different outcome.
Investigator's decision on behalf of the Ombudsman