The Ombudsman's final decision
Summary: We will not investigate this complaint about a residential care home’s decision to move Ms X from its care. This is because an investigation would not lead to a different outcome.
The complaint
Mr A complained the care home moved Ms X to another home without properly discussing the decision with her and her representatives.
Mr A would like the care home to allow Ms X to return to its care.
The Ombudsman’s role and powers
We investigate complaints about adult social care providers. 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 further investigation will lead to a different outcome, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, sections 34B(8) and (9))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X has appointed three people to have lasting power of attorney for her health and welfare decisions, one of which is Mr A.
Ms X was a resident at the care home when she was taken into hospital in early 2025. After she was discharged, the care home took the view it could no longer meet her changing needs.
Mr A was not present when the decision was made, although another of the attorneys were.
He complained the decision had not properly taken account of Ms X’s opinion and said the care home should have included him in the decision making process.
It would be best practice for the care home to have taken a best interests decision which included all the people involved in Ms X’s health and welfare.
However, as the care home reached a decision that it cannot meet Ms X’s needs, it is entitled to end her placement. Her move to another home has been made with someone who has power of attorney to make health and welfare decisions for Ms X, albeit not with everyone that does.
Mr A has said he would like the home to reinstate Ms X as a resident, but this is not something we could achieve by investigating this matter further.
Final decision
We will not investigate Mr A’s complaint because an investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman