Summary: We will not investigate Ms B’s complaint about her former Care Provider’s charging policy. This is because the Care Provider has apologised for invoicing Ms B, credited her account, and confirmed it did not take any payments. The Care Provider’s actions have not caused a significant enough injustice to warrant an Ombudsman investigation.

The complaint

1. Ms B complained and cancelled her care package when the Care Provider invoiced her for care she had previously cancelled. Ms B says the Care Provider’s cancellation policy is not consistent and not in line with other agencies policies. Ms B is concerned other customers may be wrongly charged because the Care Provider’s policy is not clear.

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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)

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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.

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My assessment

5. The Care Provider looked into Ms B’s concerns and acknowledged she had been charged for visits she should not have been in February and March this year. The Care Provider confirmed 72 hours’ notice is required to cancel calls and two-weeks to cancel the service. It apologised Ms B was wrongly charged on these occasions and explained it was an administrative error on their part as Ms B’s care was provided under an older contract. The Care Provider confirmed the invoice for the two visits was issued on 22 March. It issued a credit note on 24 March and advised Ms B although the invoice was raised, it was cancelled so no payment was taken for those visits, and so consequently, no refund is owed.
6. The Care Provider has confirmed It should not have invoiced Ms B but cancelled the invoice and credited the account. It apologised for the fault and explained Ms B’s contract was an older one. I have not seen any evidence to suggest systemic failings. As explained by the Care Provider this was an administrative error.

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Final decision

7. We will not investigate Ms B’s complaint because the Care Provider’s actions have not caused her a significant enough injustice to warrant an Ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman