Summary: We will not investigate Ms C’s complaint about care provided to the late Mrs B. This is because further investigation could not add to the Care Provider’s response or make a different finding of the kind Ms C wants.

The complaint

1. Ms C complained about care provided to her late grandmother, Mrs B, during a period of respite care. Ms C says the Care Provider neglected Mrs B and failure to provide fluids and foods resulted in her death. Ms C’s cays Mrs B lost 5kg in weight in two weeks and was admitted to hospital with severe dehydration where she passed away four weeks later. Ms C wants the Care Provider to accept responsibility for its actions, apologise, admit liability for Mrs B’s death answer specific questions about what happened to Mrs B and pay compensation for the failures and emotional distress caused.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. The Care Provider and the Council investigated Ms C’s concerns under its responsibility for safeguarding vulnerable adults. Although it said it could not share the report with Ms C, it advised her of the learning identified and recommendations from the report. It said:

• All staff involved are to have reflective supervision.
• Nutritional E Learning is to be completed by current staff working at [the home].
• When a resident moves in, the resident is to be put on a food and fluid chart for two weeks.
• Management to check food and fluid charts daily.
• If there is poor food/fluid intake within 24 hours, nurse/management to contact the GP for advice.
• Ensure all documentation is recorded on the electronic care planning system.
• If a resident is prescribed medication which is not supporting their medical condition, to seek further advice from the GP.
• All staff to ensure care actions are followed up and acted on, on time.

6. While Ms C remains unhappy and wants the Ombudsman to investigate, it is unlikely further investigation by us could make a different finding. Ms C alleges Mrs B would not have died if she had not received poor care. We could not make this finding. It was open to the coroner to ask questions and request further investigation if there were concerns the care Mrs B received from her Care Provider contributed to her death. Sadly, Mrs B is now deceased so we could not now provide her with a remedy for any fault which might be uncovered during an investigation. The Care Provider confirmed that all recommendations have been actioned. We could achieve no more than this.

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Final decision

7. We will not investigate Ms C’s complaint because we could not add to the Care Provider’s responses or make a different finding of the kind Ms C wants.

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Investigator's decision on behalf of the Ombudsman