Summary: We will not investigate Mr X’s general complaint about care homes applying automatic annual fee increases without clear justification. This is because this matter has not caused Mr X a significant personal injustice. Where this is the case we will not investigate.

The complaint

1. The complainant, whom I shall call Mr X, makes a general complaint about care homes applying automatic annual fee increases without showing clear justification for doing so.

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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 ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. We may decide not to start 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. (Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X makes a general complaint about care homes being able to automatically increase fees on an annual basis without clear justification for doing so.

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Final decision

8. We will not investigate Mr X’s complaint. This is because the matter complained about has not caused Mr X a significant personal injustice which would merit an investigation.

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Investigator's decision on behalf of the Ombudsman