Summary: The Ombudsman will not investigate Mr B’s complaint about his father’s, Mr C’s care provider charging him for care while he was in hospital. Mr B says in hospital. This is because the injustice caused to Mr C is not significant enough to warrant an Ombudsman investigation.

The complaint

1. Mr B says his father, Mr C should not have to pay £52 for care he did not receive while he was in hospital. Mr B says he kept the care provider informed of Mr C’s situation, including the decision to keep him in hospital, at the earliest opportunity but was unable to give a weeks’ notice as required in the contract because he was hospitalised the day after receiving his weekly care. Mr B says there is no provision in the contract for emergency situations.

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The Ombudsman’s role and powers

2. 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
• 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, or
• it is unlikely further investigation will lead to a different outcome,

(Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

3. I considered the information and documentation Mr B provided. I sent Mr B a copy of my draft decision and considered his comments on it.

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What I found

4. Mr B says he kept the care provider informed about Mr C’s situation as soon as he was able to so his care provider should not charge him £52 for care he did not receive during a period of hospitalisation.
5. While there is no provision in the contract for emergency situations, such as hospital admissions, the Ombudsman will not investigate this complaint. Although Mr C is required to pay the full daily rate as per the terms of the contract, the injustice caused is not significant enough to warrant an Ombudsman investigation.

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Final decision

6. The Ombudsman will not investigate this complaint. This is because the injustice caused to Mr C is not significant enough to warrant an Ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman