Summary: We will not investigate Mr X’s complaint about the quality of care provided to his mother by her care home between 2021 and 2023. This is because an investigation would not lead to any further findings or worthwhile outcomes.

The complaint

1. Mr X complains about the quality of care provided to his mother by her care home between 2021 and 2023. He says the care provided was unsatisfactory and says the care home should compensate his mother.

Back to top

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 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))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X’s mother, Ms Z, received care and support in a care home. Mr X raised concerns about the quality of care and the service provided to his mother between 2022 and 2024.
6. Mr X complained about several issues, including:
• Standard of housekeeping of Ms Z’s room.
• Poor continence care and Ms Z being found soaked in her urine.
• Bruising.
• Food and water availability.
• Personal care.
7. Mr X noted there would be improvements made to the quality of service provide to Ms Z after concerns were raised, but then service would decline again.
8. The care provider responded to Mr X’s complaint in December 2023. In its response, the care provider noted:
• It had asked housekeeping to have a great focus on the issue of odours, particularly at the times of day when personal care was more likely to happen.
• Feedback from staff was that Ms Z would remove her continence products and refuse personal care support.
• Ms Z’s clothes were laundered and ironed appropriately but that they were not always consistently put away in a manner that kept them looking ironed. The home would be establishing a key worker system to have one consistent person responsible for checking and managing this. Further, spot checks on resident’s clothes would be implemented.
• Efforts had been made to reduce the risk of Ms Z’s personal belongings going missing or being broken. Says a up to date possession list would be completed for Ms Z and home would make every effort to locate any reported missing items.
• Staffing levels were appropriate.
• Personal hygiene check in place to record what personal care has been provided, including continence care.
• Ms Z had fragile skin, and her distressed/stressed behaviours contributed to risk of bruising.
9. Mr X wants the care home to either refund his mother or to provide compensation for the periods where she received poor care.
10. An investigation is not justified because it would not lead to any further findings. I note the care provider has accepted some of its service fell below the standard expected. However, the evidence shows the care provider made improvements to its service following Mr X raising his concerns. Further, given the length of time that has since passed, an investigation is not likely to reach any different findings.
11. An investigation is also not justified because it would not lead to any further or worthwhile outcomes. I note Mr X’s view that the care provider should either refund or provide compensation. However, I am satisfied with the actions that were taken by the care provider to improve its service. We are not likely to recommend any refund because Ms Z still received care and support between 2022 and 2023. In addition, I am satisfied the apology and action already taken was sufficient to remedy the injustice caused by poor standards acknowledged.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because an investigation would not lead to any further findings or worthwhile outcomes.

Back to top

Investigator's decision on behalf of the Ombudsman