Thursday, September 29, 2022

New adult social care complaint decisions

adult social care

A weekly update on adult social care complaint decisions

This bulletin was paused during the national mourning period. For decisions published on our website during that time, please visit our website and search for the relevant council.

Please note: our decisions are published six weeks after they are issued to councils, care providers and the person who has made the complaint. The cases below reflect the caselaw and guidance available at the time of issue and the individual circumstances of each case.


Summary: Mrs X complained about the care her husband, Mr X, received at Carlton Court Care Home. Rockley Dene Homes, which owns Carlton Court, has already stated it was at fault in some areas, including his social interactions, communications with Mrs X and one incident relating to Mr X's physical wellbeing. The care provider has already apologised to Mrs X and said it has made appropriate service improvements to prevent a reoccurrence. As a remedy, it should provide evidence of this.

Summary: Mr C complains the Care Provider did not support his mother properly which led to her premature death. The Care Provider sought medical advice when needed and monitored Ms D's health adequately. It did not however monitor Ms D's food and fluid intake or properly consider visits in Ms D's room. This has caused Mr C uncertainty the Care Provider could have done more to support Ms D. To remedy the complaint the Care Provider should apologise to Mr C and pay him £250. It should also remind staff and review procedures about when it completes nutrition charts.

Summary: Mr and Mrs X complained the Council poorly managed their child, Y's, transition from children's services to adult services as a care leaver. They say this caused them and Y distress and affected Y's health. They also say the Council handled their complaint poorly. The Council is at fault. There were faults during the transition planning process and with complaints handling. The Council has agreed to apologise to Mr and Mrs X and Y, make remedy payments in recognition of the uncertainty and distress caused and act to improve its services.

Summary: Mrs Y complains the care home failed to adequately look after her mother-in-law, Ms X, who fell out of bed and suffered an injury that led to her death. Ms X also had a valuable ring which went missing in the care home. We find fault with the care home for not having suitable safety measures in place. We have recommended remedies for the injustice suffered as a result.

Summary: Mr X complained about the respite care his wife, Mrs X received while temporarily residing in a Care Home. Mrs X was admitted to hospital with faecal impaction the day after her return from the Care Home. There was no evidence of fault in the care provided by the Care Home.

Summary: We will not investigate this complaint about adult social care provision because, it is unlikely we could add to the Council's investigation or reach a different outcome.

Summary: Ms B complained that the Council failed to properly consider evidence she provided in support of her application for a Blue Badge. We found no fault in the way the Council considered Ms B's application. However, it was at fault in that it did not fully explain the reasons for its review decision. The Council has offered a suitable remedy for the injustice caused by this.

Summary: We have discontinued the investigation into Mrs B's debt to the Council as nothing can be achieved by further investigation of this complaint.

Summary: We will not investigate this complaint about adult social care provision because, it is unlikely we could add to the Care Provider's investigation or reach a different outcome.

Summary: We will not investigate Mr B's complaint about the Council's failure to advise him to secure a charge on his late mother's, Mrs C's, property. This is because it is unlikely we would find enough evidence of fault to warrant investigation.

Summary: Mr X complained the Council improperly charged him for a carer for his late wife, Mrs X and did not provide her with suitable equipment leaving her bed bound. I have ended the investigation because the complaint relates to events which took place more than 12 months ago and we cannot achieve a worthwhile outcome for Mr X.

Summary: The Council has accepted it failed to inform Mr and Mrs X of a significant increase in the rate of Mrs X's care prior to the new care starting. This caused Mr X distress as he fell into arrears. In recognition of this fault, the Council has agreed to reduce the amount owed to reflect the rate Mrs X would have paid, had the care been provided by her former, cheaper care provider. It also said it would train staff to ensure against the fault occurring in future. The Council has agreed to apologise to Mr X and provide us with evidence that the arrears have been reduced as promised and the relevant training carried out. Mrs X has now passed away, so this investigation has only considered injustice caused to Mr X.

Summary: We will not investigate this complaint about the way the Council has provided care and support to Mr B. This is because the Council has remedied the injustice to Mr B caused by fault and further investigation could not add to the Council's responses or make a different finding of the kind Mr B wants. Further investigation by us would not be proportionate.

Summary: We will not investigate this complaint about the quality of Mr Y's care in a care home. Ms X can complain to us after the results of an inquest are known, as we could not currently come to sound conclusions about what injustice any fault caused.

Summary: Mr X complained about how the Council arranged home care for and made safeguarding enquiries about his late father, Mr Y. The Council did not correctly explain the outcome of its enquiries to Mr Y's family. This resulted in confusion for Mr Y's family for which we said the Council should apologise, but Mr X did not want an apology.

Summary: We will not investigate this complaint about a care provider giving incorrect medical information to the ambulance service and for losing some personal items. This is because an investigation could not add to the Council's investigation and would not lead to a different outcome.

Summary: We will not investigate this complaint about adult safeguarding because it is unlikely we would find evidence of fault and further investigation would not lead to a different outcome.

Summary: Ms X complains about the care her late mother received in Leeming Bar Grange Care Home, where the Council funded her placement from September 2019. The Council was at fault because the Care Home was not open with Ms X about her mother's declining condition and, when advised to isolate her, the Care Home failed to do a proper risk assessment before deciding not to do so. The Council has agreed to apologise to Ms X and make a symbolic payment for the avoidable distress caused to her by not keeping her properly informed of her mother's condition.

Summary: We will not investigate this complaint about delays in resolving a disagreement about how Mrs Y can use her direct payment. There is not enough evidence of fault to justify investigating.

Summary: We will not investigate this complaint. This is because we would not be able to make a finding about what happened to Mr B in December 2018.

Summary: We will not investigate this complaint about the Council's failure to safeguard Mr B in 2014 - 2015. This is because further investigation by the Ombudsman could not make a finding of the kind Mr B wants. We will not investigate his complaint about the steps taken by the Council to restrict Mr B's contact with it because there is not enough evidence of fault to warrant investigation.

Summary: We will not investigate this complaint about how a Council Officer spoke to Mrs X during a telephone conversation. That is because we could not add anything to the Council's previous investigation.

Summary: Mr X complained about an invoice the Council sent for his mother (Mrs Y) 's care and support charges. The Council was at fault for delays starting Mrs Y's financial assessment and for failing to provide information or updates about the financial assessment process. However, the Council was not at fault for charging full fees when Mr X did not engage in the financial assessment. We cannot make any suitable or meaningful recommendations due to a lack of financial information.

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

Summary: We will not investigate this complaint about the Council not completing a financial assessment properly and not offering a suitable care home placement. This is because there is insufficient evidence of fault to justify an investigation.

 


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