Summary: We will not investigate Mr X’s complaint the care provider has failed to honour a binding agreement to apply a permanent 2% reduction to his mother’s care home fees. This is because there is no sign of fault by the care provider.

The complaint

1. The complainant, whom I shall call Mr X, complains the care provider has failed to honour a binding agreement to apply a 2% reduction to his mother’s (Mrs Y’s) care home fees in perpetuity.

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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 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 do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (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. This included his correspondence with the care provider on this matter.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complains on behalf of his mother, Mrs Y. He is her attorney for property and financial affairs. Mrs Y is a resident at the care provider’s care home.
8. Mr X complains the care provider has failed to honour its agreement, made by email in 2020, to apply a 2% discount in perpetuity to Mrs Y’s care home fees.
9. Mr X complained to the care provider. In response, the care provider said the 2020 reduction applied to that year’s fees and was not to be applied year on year.
10. I have considered the correspondence between Mr X and the care provider on this matter. The correspondence shows the care provider agreed a 2% reduction in Mrs Y’s fees in 2020. However, I have not seen in the correspondence provided, an agreement from the care provider that it would apply this discount in perpetuity.

Final decision

11. We will not investigate Mr X’s complaint. This is because there is no sign of fault by the care provider.

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Investigator's decision on behalf of the Ombudsman