Summary: The Ombudsman will not investigate Mr X’s complaint the care provider’s annual fee increases set out in its contract are too high. This is because there is no evidence of fault in the care provider’s actions.

The complaint

1. The complainant, whom I shall call Mr X, complains the annual fee increases set out in the care provider’s contract are too high.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)
3. We investigate complaints about adult social care providers. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• the action has not caused injustice to the person who complained, or
• there is no fault in the way a decision was reached, or
• it is unlikely we could add to any previous investigation by the care provider, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

4. I considered the information Mr X provided in his complaint. I also considered the complaint correspondence which I requested from the care provider. I sent Mr X a draft copy of my decision and considered his comments on it.

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What I found

5. Mr X complains on behalf of his aunt, Miss Y, for whom he holds power of attorney.
6. Miss Y stayed at the care provider’s care home for respite care and decided to become a permanent resident. Mr X complains the annual fee increase of 5.9% set out in the contract she was asked to sign is too high as it is almost three times the Government target inflation rate.
7. Mr X complained to the care provider. The care provider explained it considered several factors in setting the annual fee increases. This included increases in the National Living Wage; mandatory contributions towards staff pensions and cost inflation with its supply chain partners. It said the Government inflation target did not reflect care sector cost increases. It took multiple factors into account in setting what it considers to be an appropriate annual fee increase rate.
8. We cannot question the care provider’s decision on the level of fee increases provided that the decision was properly taken. The care provider has explained to Mr X how it has reached the figure and the factors it considers in reaching that decision. I acknowledge Mr X considers the annual increase to be too high, but it is a decision the care provider is entitled to make, provided it gives clear information about future fee increases in advance so residents or their representatives, can make an informed decision. It is for Mr X and Miss Y to decide whether they consider the care provider’s fees to be acceptable, or whether another provider may be preferable.

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Final decision

9. We will not investigate this complaint. This is because I have not seen sign of fault in the care provider’s actions. We cannot challenge the merits of a decision that has been made without fault in the way it is made.

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Investigator's decision on behalf of the Ombudsman