The Ombudsman's final decision
Summary: We will not investigate this complaint alleging carers failed to administer eye drops correctly that may have caused Mr Y’s partial sight loss. This is because an investigation is unlikely to achieve a worthwhile outcome.
The complaint
Ms X complains, on behalf of Mr Y, that carers failed to administer eye drops to Mr Y correctly resulting in 50% irreversible sight loss. Mr Y has been left severely impacted and is now unable to drive. Ms X would like the Council to take responsibility for its failures.
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 an investigation if we decide 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr Y was prescribed eye drops for glaucoma and eye pressure issues. He was concerned he may not be able to manage the administration of the eye drops himself and contacted the Council for assistance.
The Council arranged for its Emergency Home Care service to attend Mr Y’s home 3 times per day to administer the eye drops.
In its complaint response, the Council admitted: the carers were not waiting 10 mins between administering the different eye drops but this had not been advised by the prescriber; and one type of eye drops was not initially administered, but again, this had not been made clear on the labelling provided by the prescriber.
Overall, after checking the care records over a 13-day period, the Council found that Mr Y would sometimes administer the drops by himself and that he would sometimes cancel the care calls when he was out. It noted Mr Y terminated the arranged service after 12 days.
We will not investigate. This is because we are unlikely to achieve any worthwhile outcome as we are unlikely to be able to link any care failing with Mr Y’s sight loss. In any case, personal injury claims are best decided in the courts.
Final decision
We will not investigate Ms X’s complaint because an investigation is unlikely to achieve a worthwhile outcome.
Investigator's decision on behalf of the Ombudsman