Blackpool Borough Council (23 008 220)
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about a care provider not reporting the incident that led to her husband’s serious injuries in a truthful and correct manner. She also says the care provider did not implement the correct procedure during the moving and handling of her husband. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
The complaint
- Mrs X complains the care provider did not report the incident that led to her husband’s serious injuries in a truthful and correct manner. She says the care provider did not implement the correct procedure during moving and handling of her husband.
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 significant injustice, or that could cause injustice to others in the future 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 Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X’s husband, Mr A, was in a care home. Mr A sustained a fracture while in the care home.
- During its complaint investigation, the care provider accepted there had been fault with a care worker’s actions. The care provider noted the care worker had assisted Mr A with getting ready with a move out of bed before a second carer had arrived to assist. The care provider found Mr A likely believed he should stand up at the point of being ready as this would have been the normal process for him. This led to Mr A slipping.
- The care provider’s findings were the care worker should not have done this and that it was an error in judgment.
- I appreciate Mrs X was unhappy with the care worker’s account of what happened that day. However, the care worker can provide their account and it was for the care provider to consider all the evidence before reaching their findings.
- In this case, the care provider has accepted there was fault in the moving and handling process followed on that day. The care provider also accepts it was more likely than not Mr A sustained the fracture during the moving and handling process followed by the care worker. Therefore, the evidence shows the care provider has been open about this and the evidence does not support Mrs X’s view they tried to cover up the incident.
- I am satisfied the care provider has identified learning from this and shared the learning with the appropriate managers. However, the care provider has not provided any personal remedy to Mrs X to recognise the significant distress caused by the fault accepted.
- We therefore asked the Council to consider remedying this by making a symbolic financial payment of £300 to recognise the injustice caused and to resolve the complaint early.
Agreed action
- To its credit, the Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.
Final decision
We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
Investigator's decision on behalf of the Ombudsman