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Hamilton Care Ltd (20 010 932, report)

Category : Adult care services > Charging

Decision : Upheld

Decision date : 31 Mar 2022

Summary: Adverse Findings Notice issued because Hamilton Care Ltd failed to provide part of the recommendation to remedy a complaint by the Ombusman.

The Ombudsman’s findings of fault

We investigated a complaint about Hamilton Care Ltd residential services provided to a woman at The Lodge care home. The complainant is a court appointed deputy for the woman’s property and financial affairs as the woman no longer has the mental capacity to manage them herself.

We found Hamilton Care Ltd failed to:

  • provide the complainant, and later us, with relevant financial information about the fees the woman paid to the care provider between 2013 and 2019.
  • maintain all the records of fees and invoices paid by the woman since at least 2015, as required as a limited company.
  • keep appropriate, secure records of the woman’s finances which is not line with regulation 17 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 fundamental standards regarding good governance.
  • respond to the complaint made on the woman’s behalf by the complainant about this matter. This was not in line with the 2014 Regulations.  

These faults meant the complainant does not know whether the woman paid the correct fees, while she was paying for her own care, as the care provider has been unable to reconcile the amounts. Without sight of the care provider’s records of fees and invoices, we cannot come to a view on whether there is further injustice from incorrect fees being paid.

The Ombudsman’s recommendations

We recommended Hamilton Care Ltd:

  • apologise and pay the complainant £150 to recognise their uncertainty and time and trouble.
  • provide the complainant with all the financial information it holds for the woman including all invoices paid, and records of the weekly fees charged to her, since 2013.

The Provider’s response

Hamilton Care Ltd has apologised and offered to pay the complainant £150.

Hamilton Care Ltd has failed to carry out our recommendation that it provide the complainant with all the financial information it holds for the woman. It says it has provided this, but has not provided us with evidence and the complainant says they have not received it.

We are not satisfied with the actions of Hamilton Care Ltd, which leaves the injustice not put right for the complainant and the woman they represent.

We will share this notice with the Care Quality Commission – the regulator for health and social care in England.

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