Summary: We will not investigate this complaint about adult social care in a residential care home. It is unlikely we would add to previous investigations or reach a different outcome. It is for police to investigate whether a missing item was stolen.

The complaint

1. Ms B complains about the residential care provided to her mother; Ms C. Ms B has many concerns such as:
• Neglect of personal hygiene.
• Ms C found on floor, but no fall documented.
• Morphine patch was not changed until three days after it was due.
• Missing diamond wedding ring.
2. Ms B says she is heartbroken by the lack of care of Ms C, and of the missing family heirloom. Ms B would like reimbursing for the cost of the ring, and improvements in service for future residents.

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The Ombudsman’s role and powers

3. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms C lived at Apple Tree Care Home run by Apple Tree Care Limited (the Care Provider). The Council arranged this placement and therefore remained responsible for meeting Ms C’s care needs. Any actions of the Care Provider are taken on behalf of the Council. Ms C died last year.
7. The Council was aware of the concerns about Ms C’s care and completed safeguarding investigations in her lifetime. Safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect.
8. The Care Provider has accepted some failings and explained the actions it is taking to improve future service. The failures in record keeping and administering medication may be breaches of the Care Quality Commission’s (CQC) fundamental standards. The CQC is the regulator of health and social care in England and has fundamental standards below which care should never fall. The CQC is also aware of the concerns.
9. It is unlikely the Ombudsman would achieve anything further than the investigations of the safeguarding authority and the CQC. Procedural improvements have been implemented, and we can provide no personal remedy to Ms C for the impact on her from poor care.
10. Ms B is understandably upset that her mother’s ring has gone missing while Ms C was wearing it in the care home. Ms B suspects the ring was stolen. Theft is a matter for the Police to investigate. It is unlikely the Ombudsman could find the ring is lost because of fault of the Council, or the Care Provider on its behalf.

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Final decision

11. We will not investigate Ms B’s complaint because it is unlikely we would add to previous investigations or reach a different outcome. We cannot achieve the outcome Ms B wants of reimbursement for the missing ring, this is a matter for the police and relevant insurers.
12. Under our information sharing agreement, we will share this decision with the Care Quality Commission (CQC) as there are potential breaches of fundamental standards.

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Investigator's decision on behalf of the Ombudsman