Summary: We will not investigate this complaint about poor residential care. The Council has completed a safeguarding investigation and made recommendations to improve practice at the Care Home. It has written to the complainant and apologised for any faults identified. We could not add to the Council’s investigation.

The complaint

1. Ms X complained about her late mother’s, Mrs Y’s residential care. Ms X said Mrs Y had unexplained bruising to her hands and that she also fell from a chair when she was left unsupervised by care home staff.
2. Ms X is not satisfied with the outcome of the Council’s safeguarding enquiries. She feels the incidents were potentially preventable and that the safeguarding report contained inaccuracies.
3. Ms X said the Council had failed to recognise the affect the identified faults had had on the family. She said it had not apologised.

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The Ombudsman’s role and powers

4. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
• if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

5. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council’s complaint response confirmed the Care Home (the Home) had recorded the bruising to Mrs Y’s hand. It said the Home got advice from a Senior Nurse Practitioner. The view was the bruising was most likely to be caused through staff assisting Mrs Y on transfers. The Home told staff and asked them to be vigilant.
9. However, the Council said the Home failed to make a safeguarding referral about the bruising or report it to the Care Quality Commission (CQC). Additionally, it said the Home should have reviewed Mrs Y’s moving and handling care plan after identifying the bruising. It made recommendations for a service improvement through its complaint investigation.
10. In respect of the fall, the Council said the safeguarding investigation found Mrs Y had most likely slid from her chair. The Council said after the fall, the Home checked on Mrs Y regularly. It sought medical advice after a request from Ms X. It said paramedics attended and decided to admit Mrs Y to hospital because of her oxygen levels. It said Mrs Y remained in hospital because of a COVID-19 infection. The safeguarding investigation made recommendations for improved practices around recording falls. This included introducing new monitoring logs.
11. The Council’s complaint response did find fault in how the Home communicated with Ms X. It apologised to Ms X and offered a financial remedy in line with our guidance.
12. Although Ms X remains dissatisfied with the Council’s response, we will not investigate. That is because I am satisfied the Council has properly considered and investigated this complaint including Ms X’s concerns around the safeguarding investigation. We could not add to the Council’s investigation. In addition, the Council has made service improvements through both the safeguarding investigation and complaint procedure. I am satisfied these improvements should prevent a recurrence of the fault identified. The Council’s apology and symbolic payment to Ms X remedies any injustice caused.

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Final decision

13. We will not investigate Ms X’s complaint because we could not add to the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman