Summary: We will not investigate this complaint about a care provider’s refusal to deduct funded nursing care payments from Mrs A’s care fees. This is because there is insufficient evidence of fault to justify an investigation.

The complaint

1. Mr X complains about his mother’s care provider refusal to deduct the funded nursing care (FNC) payments from her weekly care fees.

Back to top

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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X’s mother, Mrs A, receives care in a care home. Mrs A fully funds her placement. Mrs A has been awarded funded nursing care (FNC) payments.
6. Mrs A’s contract with the care home, signed by Mr X, provides clear information which highlights that where a privately funded service user receives FNC payments, these will not be deducted from the care fees.
7. Therefore, there is insufficient evidence of fault with the care provider’s decision because it has acted in line with the terms and conditions of the contract.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman