• 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 Mr X’s complaint about the Care Provider’s failure to issue a refund of care home fees paid for Mr X’s mother. This is because the Care Provider has recently issued a full refund and apologised. The claimed injustice has now been remedied and further investigation by this office is not proportionate.

The complaint

1. The complainant, whom I shall call Mr X, complained the care provider failed to issue a refund for care home fees following his mother’s death.

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The Ombudsman’s role and powers

2. 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)
3. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Care Provider.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained the Care Provider failed to issue a refund of over £2600 in care home fees paid following his mother’s death.
7. When we contacted the Care Provider to ask about the complaint it told us it had recently refunded the full amount requested and had apologised to Mr X.

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Final decision

8. We will not investigate Mr X’s complaint because the matter has been resolved prior to our involvement and there is no significant unremedied injustice which would merit an investigation.

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Investigator's decision on behalf of the Ombudsman

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