Summary: The Ombudsman will not investigate Mr X’s complaint about the care provider’s delay in repaying a significant amount of overpaid care home fees. This is because the care provider repaid the money and apologised to Mr X prior to the Ombudsman investigating. This offers a reasonable remedy for the acknowledged fault.

The complaint

1. The complainant, whom I call Mr X, complains the care provider delayed in repaying his mother’s overpaid care home fees.

Back to top

The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a care provider has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
4. We may decide not to start or continue with an investigation if we believe:

• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the care provider. (Local Government Act 1974, sections 34B(8) and (9))

Back to top

How I considered this complaint

5. I considered the information Mr X provided in making his complaint. I also considered information from the care provider.

Back to top

What I found

6. Mr X is his mother’s attorney for property and financial affairs. He complained the care provider had failed to repay overpaid care home fees for his mother’s care.
7. At the time of making his complaint to the Ombudsman Mr X said the care provider had been aware of his request to repay the fees for over five months and still had not done so.
8. Prior to investigating, we asked the care provider about this matter. It told us it had recently repaid the overpaid fees and apologised to Mr X for its unacceptable delay in doing so. The care provider says the officer who dealt with the matter no longer works for the provider and so it was unable to question him about what had happened. However, it could see no official response had been sent to Mr X nor had the officer escalated the matter so it could be followed up.
9. Mr X has confirmed the money has been received to his mother’s account. He would like the Ombudsman to investigate the matter further to see this does not happen again.

Back to top

Final decision

10. We will not investigate this complaint. This is because the care provider has already refunded the fees, apologised for its delay and acknowledged it was at fault. There is nothing further an Ombudsman investigation would recommend or achieve as a reasonable remedy has already been offered for the identified fault.

Back to top

Investigator's decision on behalf of the Ombudsman