The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Care Home’s decision to ban her from visiting her friend, the quality of the care being provided to her friend and the Care Home refusing to return her wheelchair. This is because there is insufficient evidence of fault by the Care Home, Ms X does not have the legal authority to complain on behalf of her friend, we cannot achieve the outcome she wants and there would be no worthwhile outcome achieved by an investigation.
The complaint
Ms X complained about the Care Home’s actions in relation to her friend, Mr Y who resides at the Care Home. She said the Care Home: unreasonably banned her and her family from visiting Mr Y; is providing poor quality care to Mr Y; and refused to return her wheelchair to her.
Ms X said it has caused her and her family distress. She wants the Care Home to remove the ban. Ms X also wants the Care Home to support Mr Y with moving to another care home, provide her with a copy of any care needs assessments of Mr Y and to apologise to her and provide her with a financial remedy for the injustice caused.
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 or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
How I considered this complaint
I considered information provided by Ms X and the Care Provider.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate this complaint. This is because there is insufficient evidence of fault by the Care Home implementing visiting restrictions.
Furthermore, Ms X does not have the legal authority to make decisions about Mr Y’s care and support needs, whether the care is suitable and to view any care needs assessments. We cannot achieve the outcome Ms X wants.
In any case, there would be no worthwhile outcome achieved by an investigation because: Ms X is already aware of the Care Home’s reasons behind restricting her from visiting her friend. This is because the Council’s adult social services on behalf of the Care Home already told the local MP and Ms X the Care Home’s reasons why it had decided to restrict her and her family from visiting Mr Y; and the Care Home told us it had returned Ms X’s wheelchair to her earlier this year.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Care Home, Ms X does not have the legal authority to complain on behalf of her friend, we cannot achieve the outcome she wants and there would be no worthwhile outcome achieved by an investigation.
Investigator's decision on behalf of the Ombudsman