Upheld, recommendations

  • Case ref:
    201507812
  • Date:
    November 2016
  • Body:
    Lanarkshire NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mrs C complained about the care her son (Mr A) received at Hairmyres Hospital after he attended the A&E department on three separate occasions. Specifically, that he had a fracture of the scaphoid bone in his wrist which caused him significant pain for over 18 months before it was identified.

In responding to the complaint, the board said that there was a missed opportunity to recall Mr A for a specialist scan which may have diagnosed the fracture.

We took independent medical advice and found failings by staff in A&E and radiology when Mr A attended on the second occasion with ongoing pain over the scaphoid bone. Whilst such fractures can be difficult to diagnose, we considered that the second x-ray showed a mildly displaced fracture which should have been reported by radiology. In addition, we found there was a lack of assessment by a senior member of staff in A&E given the ongoing wrist pain and tenderness over the scaphoid bone.

Recommendations

We recommended that the board:

  • apologise to Mr A for the failings identified;
  • ensure that the A&E staff involved reflect on the failings identified in this case at their annual appraisal as part of their professional development;
  • review their procedures with a view to ensuring there is provision for a senior doctor to review patients who make an unplanned return to the emergency department; and
  • share these findings with the radiologists involved in this case and identify any training needs in relation to the reporting of scaphoid fractures.
  • Case ref:
    201508880
  • Date:
    November 2016
  • Body:
    Highland NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mrs C complained about the treatment she received for her injured hand following a fall. Mrs C attended A&E at Caithness General Hospital. An x-ray was taken the next day and no bone injury found. Further x-rays were taken after Mrs C attended her GP. However, a fracture was only identified seven months later, following a scan. Mrs C complained that she had not been provided with reasonable treatment and that she had not been referred to a specialist within a reasonable timescale.

The board had accepted that they were not meeting the 48-hour target for a formal report to be issued in relation to x-rays and had taken action. They also accepted and apologised for the delay in diagnosing the fracture Mrs C suffered.

During our investigation we took independent advice from three advisers: a consultant in trauma and orthopaedic surgery (adviser 1), a consultant radiologist (adviser 2) and a consultant musculoskeletal physiotherapist (adviser 3).

Adviser 1 noted that the overall orthopaedic treatment Mrs C received was correct but that access to treatment was not as timely as it could have been. This related to the delay in a scan being carried out. However, the adviser also said that the delays experienced by Mrs C would not have altered the treatment or long-term outcome from an orthopaedic point of view.

Both adviser 1 and adviser 2 were of the view that the board's decision to delay carrying out an x-ray until the day after the injury was sustained was not reasonable. Adviser 2 did not agree with the board's policy of waiting on a formal report of an x-ray before taking a further x-ray. The advice we received from adviser 3 was that overall the physiotherapy treatment Mrs C received was reasonable.

The board accepted that they were not meeting the 12-week target for out-patient appointments and apologised that the specialist in this case had been unable to prioritise Mrs C and for the delay in being seen by the specialist. While the board outlined the action being taken, adviser 1 was concerned about the approach being taken by the board to restrict urgent appointments in the orthopaedic clinic and on referring patients to other board areas.

Recommendations

We recommended that the board:

  • use the findings of this complaint to develop a multi-disciplinary (orthopaedic, radiology and A&E) action plan;
  • feed back the findings of this investigation to the relevant staff;
  • consider adviser 1's comments in relation to the approach being taken to restrict urgent appointments in the orthopaedic clinic and on referring patients to another board; and
  • provide details of the steps taken/action plan to address how the 12-week target will be met in future.
  • Case ref:
    201508343
  • Date:
    November 2016
  • Body:
    Fife NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    nurses / nursing care

Summary

Mr C complained about the care and treatment of his late mother (Mrs A). Mrs A had multiple health problems and was admitted to Victoria Hospital with back pain. She was subsequently transferred to Queen Margaret Hospital but became unwell a few weeks later and was transferred back to Victoria Hospital. She deteriorated quickly due to sepsis (an infection of the blood) and died the following morning. Mr C complained about various aspects of the nursing care provided to Mrs A.

We took independent advice from a consultant physician and a nurse. We noted that there was a failure to correctly label a urine sample, resulting in the laboratory being unable to process it and a subsequent delay in obtaining a repeat sample. This resulted in a two-day delay in Mrs A receiving antibiotics. The medical adviser considered that had there been no delay, Mrs A may have had a better chance of survival, although they could not be certain that this would have been the case. We also noted a failure to assess and document Mrs A's leg wound upon admission, leading to a delay in appropriate treatment.

Mr C had alleged that a nurse's physical handling of Mrs A amounted to assault and, although the nursing adviser considered that this complaint was taken seriously and dealt with sensitively, they advised that consideration should have been given to handling this more formally through the relevant incident-reporting system.

Mr C also complained about a delay in responding to the family's request for the toilet to be cleaned and while we could find no evidence of a delay, we noted that the board had not directly addressed this concern. While we noted that the board had already acknowledged many of the identified failings and taken appropriate remedial steps, we upheld this complaint.

Mr C also complained about the communication with his family, in particular a lack of opportunity to speak with medical staff about Mrs A's care. The medical adviser agreed that there was minimal evidence of good communication between medical staff and the family. They considered that an 'Adults with Incapacity' form should have been completed earlier in the admission and discussed with the family.

We found no evidence of inadequacies in relation to the communication surrounding Mrs A's transfer back to Victoria Hospital or when a DNACPR decision was taken (a decision that means a healthcare professional is not required to resuscitate the patient if their heart or breathing stops). In addition, we were also unable to evidence specific occasions where Mr C described inappropriate communication and attitude of particular members of nursing staff. However, we upheld the complaint. We noted that the board had acknowledged and acted upon failings but we made some recommendations for further remedial action.

Finally, Mr C complained about the board's handling of his complaint and in particular the time it took to respond. We noted that his complaint was very detailed and asked a significant number of specific questions. We were satisfied that the board's response was reasonable and proportionate in the circumstances. We were also satisfied that they took appropriate steps to keep Mr C updated regularly throughout their investigation. However, we considered that the investigation was not concluded in a timely manner and that there was an unreasonable failure to set a revised target response date when it became clear that the response would be delayed beyond the standard time frame. Therefore we upheld the complaint. While the board had already provided an explanation and apology for the delay, we made a further recommendation.

Recommendations

We recommended that the board:

  • take steps to ensure that allegations of the nature of those raised by Mr C are handled in line with their formal incident reporting system;
  • highlight to relevant staff the family's concerns about the failure to respond to their request for the toilet to be cleaned, and remind them of the importance of responding promptly to such requests;
  • review the use of 'Adults with Incapacity' forms in the relevant ward/department to ensure that the appropriate processes are being followed and that the actions being taken are in keeping with Health Improvement Scotland visit standards;
  • remind nursing staff of their responsibility to facilitate good communication between families and medical staff; and
  • highlight to complaints handling staff the importance of aiming to provide complainants with a revised response timescale when it becomes clear that the 20-working-day target will not be met.
  • Case ref:
    201507657
  • Date:
    November 2016
  • Body:
    Borders NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Ms C, who works for an advocacy and support agency, complained on behalf of Ms A that Borders General Hospital failed to identify that Ms A had fractured a bone in her foot after she attended A&E on two separate occasions and failed to provide adequate treatment. Ms A's pain persisted for months and her GP referred her to an orthopaedic specialist. A scan identified the fracture.

In responding to the complaint, the board said that the initial x-rays were reported appropriately. However, in a late stage of our investigation the board reviewed the x-ray images and acknowledged there were failings in the fracture being identified by radiology and that the A&E department failed to review the radiology reports, which had shown abnormalities.

We took independent medical advice. We found that there had been failings by the A&E locum doctors who had reviewed Ms A. Specifically, their record-keeping and assessments were below a reasonable standard given the background to Ms A's injury and inability to bear weight. We were critical that the A&E department had not reviewed the radiology reports, which were abnormal. Furthermore, we found that both x-rays did show the fracture. We also considered that it was unreasonable that on each occasion she attended A&E, Ms A was not provided with crutches or given a follow-up appointment to check that her symptoms were resolving, given her inability to bear weight. We therefore upheld Ms C's complaint.

Recommendations

We recommended that the board:

  • contact the first locum doctor in order that they may reflect on their practice at their annual appraisal for personal learning and practice improvement;
  • provide evidence of the action taken in relation to the second locum doctor and the radiologist, discussing this case at their annual appraisals and ensuring the findings of this investigation are shared with them, including their assessments and record-keeping;
  • provide evidence of the review they carried out into the patient management system and process for reviewing imaging reports requested by the A&E team to ensure it is effective and in line with national guidelines;
  • apologise to Ms A for the failings identified; and
  • consider issuing guidance for the A&E team regarding the necessity for follow-up of patients who are unable to weight bear following an injury.
  • Case ref:
    201507832
  • Date:
    November 2016
  • Body:
    West College Scotland
  • Sector:
    Colleges
  • Outcome:
    Upheld, recommendations
  • Subject:
    policy/administration

Summary

Miss C complained about the college's administration of the distance-learning maths course she applied to. We found that Miss C was only contacted by the college regarding the fee waiver evidence that was required for enrolment on the course the day after the course started. We noted that this delay meant that Miss C did not receive her course materials on time and was not allocated a tutor at the appropriate time. We were satisfied that, once enrolled, Miss C received an appropriate level of support from her tutor and we noted that the college had offered a free place on an equivalent maths course in response to her complaint. We considered that this was reasonable. However, we were critical of the college's processing of the application and considered that staff should have contacted Miss C regarding the evidence needed within good time of the course start date. We upheld Miss C's complaint.

Miss C also raised concerns about the college's handling of her complaint and said that the college had exceeded its target timescales in responding to her complaint. We noted that the college had exceeded the investigation target, but we were satisfied that the college had a good reason for this as it was not able to speak to relevant staff during the summer holiday period. The college told us that they had not contacted Miss C at the appropriate time to explain the delay and agree a revised timescale. They also told us that they had introduced a new audit process to prevent this happening again. We upheld this aspect of Miss C's complaint.

Recommendations

We recommended that the college:

  • review the reasons for the delay identified in contacting Miss C about her fee waiver evidence, with a view to preventing this from happening again; and
  • provide us with evidence of the audit process, regarding sending holding letters, that has been introduced.
  • Case ref:
    201508088
  • Date:
    October 2016
  • Body:
    Care Inspectorate
  • Sector:
    Scottish Government and Devolved Administration
  • Outcome:
    Upheld, recommendations
  • Subject:
    complaints handling

Summary

A nursery was inspected by the Care Inspectorate. Following production of the draft inspection report, the nursery contacted the Care Inspectorate to raise concerns about the inspection process. These concerns were addressed initially by the inspector's line manager. The nursery were not satisfied with the response received and they instructed their representative (Ms C) to raise a complaint on their behalf.

As well as raising concerns about the inspection process, Ms C complained about the way in which the nursery's initial concerns were dealt with. In particular she questioned the appropriateness of the line manager's role in the complaints process in light of their role in the inspection process. She also complained that the Care Inspectorate interviewed the inspectors as part of their complaints investigation but did not interview nursery staff. In addition, Ms C raised concerns that the Care Inspectorate delayed in responding to the nursery's complaint.

We identified areas where the Care Inspectorate had failed to respond to the complaint in line with their complaints handling procedure (CHP). While we did not consider it inappropriate for the line manager to have dealt with a complaint at stage 1 of the CHP (frontline resolution), we noted that the initial concerns were not dealt with under the CHP. As the concerns fitted with the Care Inspectorate's definition of a complaint, we considered that they should have been addressed in line with the CHP. We noted that the nursery initially indicated that they did not wish to formally complain; however the CHP contains provision for such a situation and the Care Inspectorate did not follow this. We noted that it is often good practice when carrying out interviews to interview both parties to a complaint. However, we were satisfied that the Care Inspectorate gave appropriate consideration to doing so and reasonably concluded that it would not have brought value to their investigation of this particular complaint. As the Care Inspectorate had initially given an indication that it was likely they would interview nursery staff, we considered that expectations could have been better managed in this regard.

In relation to the timescale for completing the investigation, we noted that this was unavoidably protracted for large parts, and that the CHP contains provision for extending certain complex investigations. However, such extensions should be fully explained to, and agreed with, the complainant and we did not consider that the Care Inspectorate took appropriate steps to do so. In addition, we noted that there was an initial delay in logging and acknowledging the complaint and, while there was regular correspondence thereafter, we noted that on one occasion the complainant was not contacted as promised. We therefore upheld the complaint.

Recommendations

We recommended that the Care Inspectorate:

  • remind staff of the action to take when a complainant does not wish a matter that is clearly in line with the Care Inspectorate's definition of a complaint to be considered under the CHP;
  • remind staff that where extensions to investigation timescales are required, the reason for this should be fully explained to the complainant and their agreement sought;
  • review their mail-receiving processes to ensure that incoming complaint correspondence is quickly identified and passed to the relevant area to be logged and actioned without delay;
  • remind staff of the importance of managing complainants' expectations in terms of how their complaint will be investigated and of adhering to any undertakings to contact complainants; and
  • apologise to the nursery for failing to handle their complaint in line with the CHP.
  • Case ref:
    201507975
  • Date:
    October 2016
  • Body:
    The City of Edinburgh Council
  • Sector:
    Local Government
  • Outcome:
    Upheld, recommendations
  • Subject:
    handling of application (complaints by opponents)

Summary

Mrs C complained about the council's handling of a planning application to develop residential accommodation at a site next to the home of her daughter (Miss A). Mrs C complained that the council had not taken appropriate action when she highlighted issues with the accuracy of the applicant's submission. She also complained that the council had not allowed sufficient time before a committee meeting for her to submit additional information about the impact of the new development on daylight at Miss A's home.

We took independent planning advice. We found that when Mrs C raised concerns about the accuracy of the application, the council did not acknowledge or act on these quickly. The council had recognised this during their own consideration of the complaint and taken remedial action. The advice we received highlighted a failure to re-notify neighbours when the applicant submitted further information to the council. Had the council taken this action, it would have allowed Mrs C further time to submit information relating to the daylight impact of the development.

We also found the council had told Mrs C that a short turnaround time had been given due to concerns about the applicant appealing against non-determination of the planning application (the planning applicant has a right to appeal the non-determination of their application if the council has not reached a decision to grant or refuse planning consent within a specific statutory timescale). The advice we received was that the timescale for an appeal had already passed and consequently this was not a relevant factor in the case. We therefore upheld Mrs C's complaints.

Recommendations

We recommended that the council:

  • provide Mrs C with an apology for the incorrect information she was given about a potential appeal for non-determination of the planning application.
  • Case ref:
    201507723
  • Date:
    October 2016
  • Body:
    A Council
  • Sector:
    Local Government
  • Outcome:
    Upheld, recommendations
  • Subject:
    primary school

Summary

Miss C said that her daughter (Miss A) was unable to go on an outdoor education trip organised through her school as she had her period that day and there were no arrangements for toilet stops during the outing. After raising a complaint about this with the council, Miss C agreed to look over draft documentation on the council's policy on offsite trips as part of a review group and provide feedback. This process subsequently broke down and Miss C complained again to the council and was given assurances that the changes that she felt should be made would be put in place. When Miss A's school next issued correspondence on an outdoor education trip, Miss C said it was clear that the agreed changes had not been made.

Miss C complained that the council acted unreasonably by failing to make the amendments to the documentation on the council's policy which she was led to believe would be put in place. The council acknowledged that this was the case and that the timescale for finalising and implementing the revised documents was unreasonable. This was supported by documentary evidence and we therefore upheld this aspect of Miss C's complaint.

Miss C also complained that the council's handling of her complaint was unreasonable. Miss C raised several issues, including that the timescale for dealing with her complaint was excessively lengthy. We found that there were unreasonable delays by the council in acknowledging and responding to Miss C's complaint. We also found that the council appeared to be operating two different complaints procedures, one of which (Complaints Procedure 1) contained an excessive number of stages and out-of-date information on rights of appeal, and did not comply with the local authority's model complaints handling procedure. We therefore also upheld this aspect of Miss C's complaint.

Recommendations

We recommended that the council:

  • take steps to ensure that possible toilet stops are included in every outdoor activity plan;
  • provide Miss C and her daughter with a written apology for the failings identified;
  • ensure that Complaints Procedure 1 complies with the model customer facing complaints procedure on the Complaints Standards Authority Valuing Complaints website;
  • feed back our decision on Miss C's complaint to the staff involved; and
  • provide Miss C with a written apology for the additional failings referred to in our decision.
  • Case ref:
    201508205
  • Date:
    October 2016
  • Body:
    A Housing Association
  • Sector:
    Housing Associations
  • Outcome:
    Upheld, recommendations
  • Subject:
    aids and adaptations

Summary

Mr C complained about the housing association after they failed to carry out adjustments to improve soundproofing in his property. As Mr C has a disability which heightens his sensitivity to noise, he stated that normal living noise from his neighbour below was causing him a great deal of stress. He felt that as he was at a substantial disadvantage compared to someone without his disability, this meant the association had a duty to make reasonable adjustments under the Equality Act 2010 and suggested the installation of soundproof matting. However, the association refused his request.

On investigation, we found that the association had failed to explain their decision to refuse his request. Instead, they had made reference to a previous response they made to an unrelated request for a reasonable adjustment. They also failed to fully explain their decision in response to our enquiries. As such, we upheld this element of the complaint.

Mr C also complained that, throughout the four years of his tenancy, the association had failed to provide him with sufficient tenancy management support.

On investigation, we found that an early offer of support had been made to Mr C, but that this had not been repeated despite clear indications that Mr C was struggling to manage various aspects of his tenancy. We also found no evidence that the association had carried out a detailed assessment of Mr C's support needs to ensure that they were meeting their responsibility to provide suitable support, either internally or through external agencies. Finally, we found that the association had no policies directly relating to the provision of tenancy support, and despite making a number of enquiries on the subject, we were not clear on the extent of the support they aimed to provide to their tenants, either internally or externally, or how and when referrals to these services were triggered. For these reasons, we upheld this aspect of Mr C's complaint as well.

Recommendations

We recommended that the association:

  • apologise to Mr C for the failings identified;
  • reconsider Mr C's request for reasonable adjustments in the form of auxiliary aids to reduce noise disturbances in his home and provide clear explanation of a robust, evidenced decision;
  • share the findings of this investigation with all staff responsible for responding to requests for reasonable adjustments;
  • carry out a full assessment of Mr C's current support needs and take reasonable steps to ensure suitable support is made available going forward;
  • consider implementing a policy/procedure that clearly defines: the extent of the support the association aim to provide internally; which external agencies are available to provide any additional support required; and how and when referrals to both internal and external services will be triggered; and
  • provide training to relevant staff on how to identify and assess support needs.
  • Case ref:
    201508647
  • Date:
    October 2016
  • Body:
    Tayside NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mrs C complained on behalf of her husband (Mr A) about the way a consultant at Ninewells Hospital managed his care and treatment following the discovery of a nodule (a growth of abnormal tissue) in his lung. Mr A was reviewed over three years and then received a letter discharging him from the clinic because the nodule appeared stable. At Mrs C's persistence, the consultant reviewed Mr A again and further investigation identified that the nodule was a slow growth tumour.

We took independent medical advice and found that Mr A had been appropriately managed up until being discharged from the clinic. However, we considered that Mr A's latest scan results should have been discussed at a multi-disciplinary team meeting prior to taking the decision to discharge him as it showed other lung changes. We also found it unreasonable that the consultant had referred to these lung changes in the discharge letter rather than discussing them in person with Mr A.

Recommendations

We recommended that the board:

  • apologise to Mr A for unreasonably discharging him from the service; and
  • draw these findings to the attention of the consultant to discuss at their next appraisal.