Summary: We will not investigate this complaint about the failure to tell the complainant of her relative’s death. We understand the distress this caused, but we are satisfied the care provider, on behalf of the council, has given a thorough response, apologised, and will seek to improve future service. We would not achieve anything further. While this does not answer all the complainant’s questions, it would not be proportionate for us to investigate to seek such information.

The complaint

1. Ms B says a care provider acting for the council failed to tell her when her relative, Mr C, died in its care. Ms B is upset that she lost the opportunity to spend time with Mr C at the care home, because of a delay in telling her. Ms B would like a letter of apology and details of what happened at the end of life.

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The Ombudsman’s role and powers

2. 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, or
• there is no worthwhile outcome achievable by our investigation.

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

3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

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

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My assessment

6. Mr C was a having a short stay in a care home, arranged by the Council. Mr C died during that stay. Because Mr C’s death was sudden and unexpected the care home had to involve the coroner and the police.
7. The police told Ms B of Mr C’s death around five hours later. By then Mr C was at the mortuary.
8. The care provider has apologised to Ms B for not contacting her sooner, and that it took precious time away from her by not doing so.

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Final decision

9. We will not investigate Ms B’s complaint because we could not add to the care provider’s investigation or reach a different outcome. We are satisfied with the actions the care provider took to apologise to Ms B and committing to ensure it handles such situations with promptness and sensitivity in future. While this does not take away the hurt Ms B feels, there is nothing further the Ombudsman can achieve. It would not be proportionate to use our limited resource to investigate solely to find out details of Mr C’s death.

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Investigator's decision on behalf of the Ombudsman