The grieving family of a vulnerable man who was subjected to "unnecessary pain and suffering" at a west Dorset care home say they were laughed at by staff when they tried to complain.
An investigation carried out at Lyme Regis Nursing Home found ‘serious issues’ with the care provided to the man, who later died.
He was hospitalised after just one week after moving into the home at Pound Road,
Adding further distress to the man’s family, care home owner Farringdon Care Ltd is now refusing to refund the fees the family paid for the seven weeks he lived there - despite the Local Government and Social Care Ombudsman’s recommendation for it to do so.
The man, who had diabetes and other medical conditions, moved into the home – which cost £1,200 a week - in April 2022.
Within a week of moving in he had been hospitalised because of issues relating to his diabetes through lack of blood sugar monitoring.
A safeguarding alert was raised by ambulance staff.
The family visited him regularly and became concerned about his appearance and decline in health.
They noted he had not eaten his food or been able to access water and had been left in the same position for hours.
They also noted that care records had been falsified, and a care worker was dismissed upon their complaint.
The man died at the end of May 2022 and the family asked the council to carry out a safeguarding investigation, which found significant failings in the man’s care, amounting to “evidential acts of neglect” and omissions in his care.
This included poor oral care, diabetes management, pain records and medication management. The council made more than a dozen recommendations to improve the home.
The home apologised to the family, and the family asked the home to reimburse what they had paid because of the poor care.
The home refunded part of a deposit paid, having deducted fees for a notice period.
The family contacted the home but said they were "laughed at by staff" when they asked to speak to the complaints department.
The family asked the Local Government and Social Care Ombudsman to investigate.
The Ombudsman recommended the provider refund the man’s estate all fees paid for the seven weeks the man lived in the home, plus a further two weeks’ notice period.
It was also asked to pay a further £350 in recognition of the distress and uncertainty caused.
The provider has refused to do so, and so the Ombudsman has issued a rare Adverse Findings Notice against the provider.
An Adverse Findings Notice is published in the very rare cases where the ombudsman is not satisfied an independent care provider has carried out its recommendations.
The care provider told the Ombudsman that the family were not reimbursed because it would "negatively impact the high standards of care it provides".
Amerdeep Somal, Local Government and Social Care Ombudsman, said: “The poor care provided to the man caused him unnecessary pain and suffering, and his family significant distress.
"I reject the provider’s suggestion that putting things right for this family would negatively impact the high standards of care it provides for residents.
"It now needs to do the decent thing and carry out our recommendations and reimburse the man’s estate.”
Ms Somal added: “The way an organisation responds to complaints says a lot about the internal culture of that organisation, and, while it has provided some of the remedies that have been recommended.
"I am concerned its response to our investigation suggests it has not fully grasped the gravity of what happened to this family and is not open and able to learn from what has gone wrong.”
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