Summary: We will not investigate this complaint about the quality of care Mrs X’s mother received while in residential care. The issues complained about largely took place between 2020 and 2021. Given the passage of time, there is not a realistic prospect of reaching a sound, fair, and meaningful decision in the complainant’s case.

The complaint

1. Mrs X complains about the quality of care her deceased mother, Mrs Z, received between 2020 and 2021 in residential care (the Care Provider) which was arranged by the Council.
2. Mrs X says she found it very distressing to learn about the quality of care Mrs Z received. As a desired outcome, Mrs X wants the Council to acknowledge the Care Provider’s failings and be held accountable for these.

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The Ombudsman’s role and powers

3. 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 there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. The issues raised by Mrs X largely relate to events between 2020 and 2021 when Mrs Z was in residential care. I recognise Mrs X’s point that she only learnt about the issues when she obtained copies of Mrs Z’s care records in 2023. However, due to the passage of time since the events complained about occurred, we will not investigate. That is because:
• there would be difficulties in establishing the material facts with reasonable confidence and gathering sufficient evidence to reach a sound judgment;
• we cannot apply current standards, guidance, or professional expectations to historical situations. It is therefore likely to be more difficult to reach a firm and fair conclusion on the actions by the Care Home and whether there was any maladministration by the Council; and
• it is likely to be more difficult to achieve a meaningful remedy in Mrs X’s case, given the length of time that has already passed, the difficulty in establishing causality over longer time periods, and changes in the situation of the parties.
7. I do not therefore consider there is a realistic prospect of reaching a sound, fair, and meaningful decision in Mrs X’s case. We will not therefore investigate.

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Final decision

8. We will not investigate Mrs X’s complaint because there is no worthwhile outcome achievable by our investigation.

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Investigator's decision on behalf of the Ombudsman