Summary: Ms F complained about the way the Care Provider handled her late mother’s care fees. We have discontinued our investigation into Ms F’s complaint because it is late and there are no good reasons to exercise discretion to investigate it.

The complaint

1. Ms F complained about the way the Care Provider handled her late mother’s (Mrs G) care fees. She says when Mrs G’s finances ran out, the Care Provider assured her continuing healthcare would cover the care fees. She says when Mrs G died, the Care Provider sent her a bill of £53,000 for unpaid care fees. She says this was a massive shock as the Care Provider had repeatedly assured her Mrs G’s care fees would be covered.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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)

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How I considered this complaint

4. I considered information provided by the Care Provider and Ms F.
5. Ms F and the Care Provider had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

6. Mrs G was a resident at the Care Provider’s care home, Goodwins Hall.
7. Mrs G paid privately for her care from when she first was admitted (September 2016) until July 2018. Mrs G’s finances ran out and she put her flat up for sale. The Care Provider says it agreed to defer the care fees until Mrs G’s flat sold. When the flat sold, it would then recoup any unpaid care fees.
8. Mrs G’s condition deteriorated, and she was awarded continuing healthcare funding in August 2019. Continuing healthcare is a package of care for adults which is arranged and funded by the NHS. After that point, Mrs G did not have to pay for her care fees.
9. Mrs G sadly died in April 2020. Ms F says the Care Provider called her on the day of Mrs G’s death and reminded her of the unpaid care fees.
10. Mrs G’s solicitor paid the care fees in June 2020.
11. Ms F complained to the Care Provider about the way it had handled Mrs G’s care fees in October 2021. She said it told her continuing healthcare would cover Mrs G’s care fees and there was no need to worry.
12. The Care Provider responded to the complaint and explained that it had deferred payment of Mrs G’s care fees until her flat sold.

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Analysis

13. Ms F’s complaint is late. The Care Provider told her about the unpaid care fees in a conversation in April 2020. She did not refer her complaint to us until October 2021.
14. Ms F says the delay is because of the impact of the COVID-19 pandemic. She says she contacted her local advice agency to get help in writing a letter to the Care Provider, but it was closed. She says when it re-opened, she pursued her complaint.
15. The local advice agency did have to reduce its services and temporarily close its offices for face-to-face appointments because of the COVID-19 lockdowns. However, it was open for telephone contact. It also was available for support via email and on its web chat service. I therefore do not accept Ms F’s explanation that she could not pursue her complaint sooner. I have seen no good reasons for the delay in bring the complaint to the Ombudsman. Ms F is also relying on verbal recollections of conversations that took place in person with the Care Provider nearly three years ago. There was nothing in writing. Therefore, it is unlikely we would be able to uncover any independent evidence to ascertain what was said.

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Final decision

16. I have discontinued my investigation into Ms F’s complaint because it is late, and there are no good reasons to exercise discretion to investigate it.

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Investigator's decision on behalf of the Ombudsman