Summary: We will not investigate this complaint about a care provider failing to contact Mrs X when her father was admitted to hospital, where he passed away. The Council has agreed to my recommendations to remedy the injustice caused to Mrs X by the fault, and to work with the Care Provider to improve its admission paperwork.

The complaint

1. Mrs X complained the Council-funded care provider did not notify her as agreed when her father was admitted to hospital. She could not visit him before he passed away. The care provider’s investigation was not satisfactory, and Mrs X was excluded from the investigation process. She wants an apology and explanations. She wants the care provider to make service improvements to avoid repeats of the failures.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)

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How I considered this complaint

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

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My assessment

5. Mrs X complains the care provider did not contact her as agreed when her father (Mr Y) was admitted to hospital, where he died. Issues due to her being estranged from her mother meant clarity around her involvement was delayed, and she missed the opportunity to be with her father at the end of his life.
6. If we were to investigate this complaint it is likely we would find fault causing the complainant injustice because the care provider accepts it should have contacted Mrs X, and it does not dispute that it told her it would do so.
7. However, Mrs X’s estranged mother did not tell relevant parties about Mrs X, which contributed to the injustice Mrs X experienced. It was not solely the actions of the care provider, for which we hold the Council responsible, that led to Mrs X’s distress and missed opportunity to visit her father in hospital.
8. The care provider says it did not have sufficient clarity at the beginning of
   Mr Y’s stay about family relationships and the existence of any attorney or deputy. Mrs X believes the care provider probably already knew there was no attorney or deputy. On the balance of probabilities, I am minded to agree as where such arrangements exist, I would expect a care provider to be aware of them promptly after a person’s admission. However, for the avoidance of doubt in future, I have made recommendations for the Council to work with the care provider to improve its admission paperwork so that it explicitly checks such matters at the earliest opportunity.
9. I have also asked the Council to take action to remedy the injustice Mrs X experienced due to the fault in this case. I am satisfied the action the Council has agreed to take is sufficient and therefore we will not further investigate the complaint.

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Agreed action

10. When a council commissions another organisation to provide services on its behalf it remains responsible for those services and for the actions of the organisation providing them. So, although I found fault with the actions of the care provider, I have made recommendations to the Council.
11. The Council agreed to pay Mrs X a symbolic figure of £200 by way of an apology, to recognise her distress. It will do so within one month.
12. The Council also agreed to work with the care provider to issue staff reminders and make relevant amendments to its admission paperwork and procedures to ensure it obtains, as soon as possible, all relevant information:
• about any Lasting Power of Attorney or deputyship;
• about other family members or significant relationships; and
• if relevant, from the commissioning and/or safeguarding authority about any restrictions on contact with anybody involved in the person’s life.

It will take this action within three months.

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Final decision

13. We will not investigate Mrs X’s complaint because the Council has agreed to take action to remedy the injustice the fault caused and to make service improvements.

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Investigator's decision on behalf of the Ombudsman