• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• My assessment
• Final decision

The Ombudsman's final decision:

Summary: We will not investigate Mrs B’s complaint about her late mother’s, Mrs C’s, Care Provider. This is because there is not enough unremedied injustice from the Care Provider’s actions to warrant an ombudsman investigation.

The complaint

1. Mrs B complained her late mother’s, Mrs C’s, Care Provider moved her to a smaller room when she was awarded Continuing Health Care (CHC) funding and said she would need to pay the difference between what the NHS had agreed to pay and the cost of the room. Mrs B says the Care Provider invoiced Mrs C for her care following her death when it should have reimbursed money she had paid for before the NHS agreed funding. Instead, the Care Provider deducted money from overpayments without consent. Mrs B complains about the way the Care Provider treated her family and says the Care Provider was rude, unprofessional, and disrespectful. Mrs B says the Care Provider should be investigated to ensure other families do not suffer the same experiences,

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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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Care Provider.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant had an opportunity to comment on my draft decision.

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My assessment

6. The Care Provider says Mrs B complained directly to the NHS who investigated her concerns. The Care provider says it reimbursed Mrs C’s estate with £3911.50 in March 2021 which concluded all financial arrangements for Mrs C.
7. Mrs C’s estate has been reimbursed with the money owed to it. While the Care Provider has not responded to Mrs B’s complaints about allegations of disrespectful and rude behaviour, we will not investigate these points alone. This is because we could not make a finding on how a person is made to feel, and where we are not investigating the substantive matters we will not normally consider how a Care Provider has responded to a complaint. That is the case here.

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Final decision

8. We will not investigate this complaint. This is because there is not enough unremedied injustice from the Care Provider’s actions to warrant an ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman

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