New Century Care (Southampton) Limited (22 016 251)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the level of care provided to Mrs X’s mother by her care home. This is because the care provider has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X and her mother by the likely faults.
The complaint
- Mrs X complains about the level of care provided to her mother by her care home. She says her mother was covered in skin sores and that the care home failed to administer her mother’s cream appropriately.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Care Provider.
- I considered the Ombudsman’s Assessment Code.
My assessment
- If we investigated this complaint, it is likely we would find fault causing Mrs X injustice. This is because the care provider has accepted its skin integrity monitoring and documentation was not always to the standard required. The care provider also accepted that while the care plans were in place, clinical oversight was not always maintained.
- We also note the care provider found the application of creams were not always documented, but it was satisfied they were applied as required. However, if we were to investigate, it is unlikely we would make this finding. This is because without records, we cannot on balance say the creams were applied as required. This is especially considering the fact Mrs X’s mother developed skin sores.
- I am satisfied the above will have caused distress and frustration to Mrs X. I am also satisfied it will have caused some distress to Mrs X’s mother as she had report to be in pain due to the skin sores.
- We therefore asked the care provider to consider remedying the injustice caused by its actions by making a financial payment of £300.
Agreed action
- To its credit, the care provider agreed to resolve the complaint and will do the above within four weeks of the final decision statement.
Final decision
- We have upheld this complaint because the care provider has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X and her mother by the likely faults.
Investigator's decision on behalf of the Ombudsman