Summary: We will not investigate Mrs X’s complaint about her father’s care prior to August 2022. This is because a significant amount of time has passed since Staffordshire County Council was responsible for Mr Y’s care, which impacts on our ability to consider this now. There is another Ombudsman service that will be better placed to look at the remainder of the complaint.

The complaint

1. Mrs X complains on behalf of her elderly father, Mr Y. Mrs X complains about the standard of care provided to Mr Y while he was a resident in Alma Court Dementia Care Home (the Care Home).
2. Mrs X complains about inadequate care and deliberate neglect by the Care Home including poor personal hygiene care, poor nutritional management, lack of supervision and medication errors. She says the Care Home contacted the wrong family member and caused distress. Mrs X found the Care Home’s complaint response dismissive. She says the Care Home failed to accept the serious concerns raised and blamed her father and his family.
3. As a result, Mrs X says her father did not receive the care he needed which caused his health and wellbeing to deteriorate. She says the family have also been caused distress, inconvenience and have lost trust in the care system.
4. Mrs X would like an acknowledgement of serious care failings, apologies and systemic improvements.

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The Ombudsman’s role and powers

5. 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 do not start or continue an investigation if we decide there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I have considered the information provided by Mrs X, the Care Home and the Council. I shared my draft decision with Mrs X and carefully considered the comments she made.

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What I found

What happened

7. Mr Y is an elderly man with dementia. In January 2022, the Council arranged a 2-week short term placement for Mr Y at the Care Home. A few weeks later, Mr Y became a permanent resident.
8. In late August 2022, Mr Y’s care became fully funded by Continuing Healthcare (CHC). At this point, his care became the sole responsibility of the local NHS Integrated Care Board (the ICB).
9. In April 2024, Mr Y moved to a different care home.

Analysis

Mr Y’s care prior to August 2022

10. The Council arranged Mr Y’s placement at the Care Home in January 2022. Therefore, the Council is responsible for Mr Y’s care between January 2022 up until he became CHC funded in late August 2022.
11. Mrs X complained to the Ombudsman in August 2024. The Ombudsman usually expects someone to complain to us within 12 months of becoming aware of the matter complained about. While Mr Y did not have the mental capacity at the time to raise concerns himself, Mrs X had ongoing concerns about his care for some time.
12. The Ombudsmen provide a free service but must use public money carefully. We may decide not to start an investigation if the prospect of conducting an effective investigation is reduced.
13. In this case, it has been two years since the Council was responsible for Mr Y’s care. When a lengthy period of time has passed, it can directly affect any attempts to gather information at a much later stage. For example, people’s memories and recollections fade and it can be much harder to obtain accurate accounts of an incident which occurred years before. This could impact on the Ombudsman’s ability to effectively consider this period of care now.
14. Mrs X has raised ongoing complaints about the general standard of Mr Y’s care while he was resident in the Care Home, right up until he moved in April 2024. The more recent care records can give sufficient insight into Mr Y’s overall care and would be more relevant than care which occurred over two years ago.
15. Therefore, we will not investigate Mrs X’s complaint about Mr Y’s care prior to August 2022.

Mr Y’s care after he became CHC funded

16. Mr Y’s care became fully CHC funded in late August 2022.
17. Where an individual is eligible for CHC funding the Integrated Care Board (ICB) is responsible for care planning, commissioning services and case management.
18. Care provided by an ICB under CHC funding is a health only complaint and not within LGSCO’s remit. The Parliamentary and Health Service Ombudsman (PHSO) is the appropriate organisation to consider Mr Y’s CHC funded care.

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Final decision

19. We will not investigate Mrs X’s complaint about Mr Y’s care prior to August 2022. Over two years have passed since the Council was responsible for Mr Y’s care. The significant amount of time which has passed since the events complained about are likely to cause difficulties with any attempt to consider that period of care now.
20. Complaints about Mr Y’s care from late August 2022 onwards are not within LGSCO’s remit as he was in receipt of CHC funding at this time. PHSO is able to consider this period of Mr Y’s care.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman