WIREDGOV

The Local Government Ombudsman (LGO) has issued a report in which it upholds a complaint from the mother of the man concerned that the care home failed to act appropriately following the incident.

The report has recommended that the council meet the complainant to reassure her about its safeguarding policies, and pay her £2,500 for the distress in not knowing whether the extent of her son’s injuries could have been discovered earlier.

The complainant’s son, who has a significant learning disability, sustained a serious injury whilst under the care of a residential home commissioned by the council to look after him.

Staff at the care home discovered bleeding on the man on the morning of the incident, which they did not consider to be suspicious. It wasn’t until late that night, after his condition had declined, that he was taken to hospital where a doctor raised concerns that abuse could have occurred.

The LGO’s investigation found that care home staff, on discovery of the injury, were at fault for not immediately informing both the council and the police, and seeking medical advice – as the nature of the injury could have been an indicator of abuse.

This may also have led to staff preserving evidence. A following police investigation, which reached no conclusion as to how the injury was caused, noted a lack of forensic evidence.

Following a referral from the hospital, the council also failed to carry out a proper risk assessment for either the man’s injuries, or for the potential risk to other people staying at the home. The LGO was also concerned that it failed to carry out a significant investigation into the actions of the home.

Nigel Ellis, Executive Director for Investigations at the LGO, said:
“There were significant failings in this case, which could have reduced the pain and suffering the son would have felt – as well as the distress to his mother of never knowing whether the cause of her son’s injury could have been found. While the care home was found to be at fault on some counts, it was still the responsibility of the council to ensure those services were carried out to the right standard.

“We are publishing this report to reiterate to councils the importance of following appropriate safeguarding procedures, and that they are regularly reviewed to capture lessons learned.”