Regal Healthcare Properties Limited (24 008 604)

Category : Adult care services > Residential care

Decision : Closed after initial enquiries

Decision date : 08 Sep 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint Mrs X makes about a Care Provider, including the investigation it carried out into how her mother became injured. Further investigation would not lead to a different outcome.

The complaint

  1. Mrs X said her mother (Mrs G) sustained an injury while she was living at a care home, managed by the Care Provider (CP). Mrs X said this was likely to be because of a fall and was unhappy the Care Provider could not tell her how her mother became injured. Mrs X said because of this she no longer trusted the care home and her mother then became fully bedridden.

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The Ombudsman’s role and powers

  1. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by Mrs X and the Care Provider.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mrs G was taken to hospital after complaining of pain and hospital staff discovered a fractured joint. Mrs G was unable to say how she received her injury, and her care provider made a referral to the Council.
  2. The Care Provider carried out an investigation, which included looking at Mrs G’s daily care notes, interviewing relevant staff and carrying out an audit of the call bell system. The Care provider was unable to identify how Mrs G came to be injured.
  3. Mrs X subsequently complained to the Care Provider, and it met with Mrs X. After this a manager carried out another investigation and wrote to Mrs X saying it had no record of a fall and no staff member could recall seeing an incident where Mrs G could have become injured.
  4. Because of the actions of the care provider over the course of both investigations, where it was unable to identify how Mrs G became injured, it is unlikely further investigation by us would lead to us coming to a different conclusion. Therefore, we will not investigate.

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Final decision

  1. We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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