Summary: We will not investigate this complaint about the standard of care provided by a Bupa Care Home. That is because we could not add to any previous investigation by Bupa, nor would further investigation lead to a different outcome.

The complaint

1. Miss X complained about the standard of care her father, Mr G, received at the Care Home. She said that Bupa (the Care Provider) had failed to provide an accurate response to the complaints she had made to it about Mr G’s care. She also said it had failed to respond to a subject access request and the Care Home’s communication about Mr G’s care was poor.
2. Miss X wants the Care Home to demonstrate it is meeting Mr G’s care needs and communicate with the family in a transparent manner.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
6. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
7. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. If they have caused an injustice we may suggest a remedy. (Local Government Act 1974, sections 34 B, 34C and 34 H(3 and 4) as amended)
8. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with 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
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

9. I considered information provided by the complainant and the Care Provider.
10. I considered the Ombudsman’s Assessment Code.

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My assessment

11. Miss X complained to the Care Provider in 2023 about:
• a fall Mr G had in 2021 and the Care Home’s failure to escalate her concerns about that fall as a formal complaint;
• a member of staff at the Care Home breaching data protection legislation by telling a family member they cared for Mr G;
• the Care Home not acting after she told it Mr G had complained about a sore buttock; and
• the Care Home not providing treatment for irritated skin on Mr G’s legs and not providing a pressure mattress after this was requested by the family.
12. We will not investigate Miss X’s complaints about how the Care Home dealt with a fall Mr G had in 2021, or that the Care Home did not escalate her concerns about the fall as a formal complaint. That is because:
• The fall occurred in 2021. If Miss X was unhappy with how the Care Home responded to that fall or its failure to escalate it, it was reasonable for Miss X to complain to the Care Provider and us sooner. Miss X did not complain to the Care Provider until January 2023, or the Ombudsman until June 2023. Therefore, this is a late complaint and we should not investigate.
• In any event, even if this complaint was not late, we would not investigate. The Care Provider has responded to Miss X about her concerns around the use of a sensor mat and what steps it took following the fall. We could not add to the Care Provider’s investigation. It has also confirmed it provided details to Miss X of how she could escalate her complaint at the start of 2022. It said Miss X did not escalate. However, it has apologised and reminded staff of the need to pass on a complaint if it is raised as a formal complaint. Further investigation by the Ombudsman would not lead to a different outcome.
13. We will not investigate Miss X’s complaint a staff member breached data protection legislation, or the Care Provider has failed to provide a response to her subject access request. That is because:
• The Care Provider has investigated her concerns about the staff member sharing personal information. It has said it would deal with it through human resources. Further investigation by the Ombudsman would not lead to a different outcome. Additionally, we cannot investigate complaints that are about a personnel issue.
• The Information Commissioner’s Office (ICO) deals with complaints about data protection and subject access requests. It is reasonable for Miss X to contact the ICO with her concerns.
14. We will not investigate Miss X’s complaint about Mr G having a moisture legion on his buttock, that the Care Home failed to provide a pressure mat despite the family’s requests or how it dealt with Mr G’s irritated skin. That is because:
• I have reviewed the Care Provider’s complaint response and am satisfied it has fully investigated these matters. Although there are discrepancies between the dates the Care Provider states Miss X reported her concerns and the dates she provided, further investigation by the Ombudsman would not lead to a different outcome. That is because we would base our investigation on the same evidence. The Care Provider confirmed it provided Mr G a pressure mattress when it was clinically necessary; that he was receiving treatment for the skin on his legs and that that it took appropriate action when it identified the moisture legion on his buttock. We could not add to the Care Provider’s response.
15. If Miss X has ongoing concerns about communication with the Care Home, she would need to raise these as a formal complaint.

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Final decision

16. We will not investigate Miss X’s complaint because we could not add to Bupa’s response, and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman