Mr E complained about the healthcare staff’s behaviour towards him and the visiting restrictions placed on him during his wife’s inpatient admission. He also complained about aspects of his wife’s care which included nursing care. In addition, he was dissatisfied with the process that had led to his wife being discharged into a care home and the Health Board’s handling of his complaint.
The Ombudsman discontinued the investigation as the court proceedings Mr E had taken meant he had exercised an alternative legal remedy (“ALR”). The limitations that apply under the legislation that gives the Ombudsman her powers meant she could no longer investigate the complaint. Based on the court findings the Ombudsman also concluded that the parts of Mr E’s complaint relating to his wife’s care should also be discontinued. Finally, the Ombudsman concluded that even if the ALR did not apply to the complaint handling issues Mr E had raised, it was not proportionate to continue the investigation into those matters on their own.