North Tyneside Metropolitan Borough Council (24 005 868)

Category : Adult care services > Assessment and care plan

Decision : Closed after initial enquiries

Decision date : 10 Jan 2025

The Ombudsman's final decision:

Summary: Miss X complained that the Council placed her late father, Mr Y, in a care home that was not safe for him, that his care plan was incorrect, and that the Council’s communication with Mr Y’s family was poor. We will not investigate Miss X’s complaint, because it is unlikely we could add to the response she has already received from the Council.

The complaint

  1. Miss X complains about what happened when her late father Mr Y left hospital. Miss X complains the Council arranged for Mr Y to go to a care home that was not safe for him, meaning he had to move to another care home at short notice. Miss X also said the care plan contained incorrect information about why Mr Y had been in hospital. Miss X further complained the Council’s communication was poor, and nobody explained whether Mr Y was due to receive physiotherapy after he had been discharged.
  2. Miss X said having to move to a new care home at short notice caused great distress to her father and his family. Miss X also explained that having to try and resolve the situation was very stressful for her.
  3. As an outcome to her complaint, Miss X wants the Council to improve services by improving communication with families when people are discharged from hospital, making the discharge process quicker, and ensuring people are not discharged without ensuring the placement they are going to is safe.

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The Ombudsman’s role and powers

  1. 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.

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

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How I considered this complaint

  1. I considered information provided by the Miss X and the Council.
  2. I considered the Ombudsman’s Assessment Code.
  3. Miss X had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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My assessment

  1. Mr Y was discharged to a temporary care home placement after being in hospital. The Council’s adult social care team and occupational therapy (OT) team had reviewed Mr Y in hospital. It was agreed originally that Mr Y would return home with a package of care. Downstairs living was recommended, as an assessment found it was not safe for Mr Y to use stairs. However, an OT home visit found there was not enough room for the bed he needed at home. It was then decided that Mr Y should move to a care home temporarily, while an extra care housing placement was arranged.
  2. When Mr Y moved to the care home, Miss X said he was placed in a room near the stairs, even though this was not safe for him because of his risk of falling. She said care staff found Mr Y on the stairs on four occasions. The next day it was arranged for Mr Y to go to a different care home. Miss X explained Mr Y’s family had to transport him to the new care home because of the urgency of the situation.
  3. Miss X complained to the Council about the original choice of care home, and about a lack of information provided to Mr Y’s family when he left hospital.
  4. The Council responded, apologising to Miss X for the distress caused by the placement at the first care home, and the move to the next care home. The Council arranged for a new social worker to be allocated to discuss Mr Y’s care plan with him.
  5. Miss X explained this was an unfamiliar situation for Mr Y and his family, and they did not know what to expect, particularly when Mr Y then needed to move to another care home at short notice. I recognise this must have been distressing for Mr Y and his family.
  6. The Council acknowledged the distress caused to Mr Y and his family by the move to the first care home and then having to move to a further care home, and it apologised for this. It was appropriate for the Council to apologise for the distress caused and is it is unlikely an investigation could add to the response Miss X has already received on this point.
  7. Miss X said Mr Y’s care plan contained inaccurate information about his diagnosis and why he had been in hospital. A senior officer from the Council met with Miss X to discuss her concerns. The Council then arranged a reassessment for Mr Y, and allocated him a new social worker. In doing so, the Council took reasonable steps to address Miss X’s concern that there was incorrect information in Mr Y’s care plan, and it is unlikely we could add to this for Miss X by investigating.
  8. Miss X said the Council did not explain to Mr Y or his family whether he would receive any physiotherapy at the care home. Miss X said he had been receiving physiotherapy every day in hospital, so it did not seem right that this would stop after he was discharged.
  9. Mr Y’s care plan said Mr Y would receive support with personal care, getting in and out of bed, and medication. In the section headed “Contingency – what will happen if things change”, the care plan says staff at the care home could contact the community physiotherapy team if needed. However, it does not say Mr Y received physiotherapy or that this was arranged when he left hospital.
  10. I recognise Miss X said the Council did not clarify the arrangements for physiotherapy with her when Mr Y left hospital. The Council provided Miss X with a copy of the care plan which included the details of the care Mr Y would get, when it sent her its complaint response. I recognise this was around a month after Mr Y was discharged and it would have been helpful for Miss X to have had that information at the time, as this may have avoided uncertainty around what should have happened. I recognise Miss X’s view that this was a stressful situation for her. However, as Miss X was provided with the care plan containing the information about physiotherapy, it is unlikely we could add anything further for Miss X by investigating this issue.

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Final decision

  1. We will not investigate Miss X’s complaint, as it is unlikely we could add to the response Miss X has already received from the Council.

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Investigator's decision on behalf of the Ombudsman

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