Summary: We will not investigate this complaint about a care provider charging for care and support for two weeks after the date Mrs X’s father died. This is because there is insufficient evidence of fault to justify an investigation.

The complaint

1. Mrs X complains about her father’s care provider charging for care and support two weeks after the date he died. She says the family were not made aware of a two week notice period. She says this has caused distress.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers. We provide a free service, but must use public money carefully. We may decide not to start with an investigation if we believe 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

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

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My assessment

5. Mrs X’s father, Mr A, received care and support from his care provider. Mr A’s wife signed the contract on behalf of Mr A. This was because the care provider acknowledged Mr A lacked capacity to make decisions about his health and welfare. The care provider said Mr A’s wife was given time to review the contract and documents before signing the paperwork.
6. There is no evidence of fault with the care provider’s decision to charge for care and support for two weeks following being notified Mr A had died. This is because the terms and conditions of the contract Mr A’s wife signed notes there is a notice period of two weeks.
7. While I appreciate Mrs X states the care provider did not make the family aware of the notice period, it is clearly outlined within the contract. Further, Mr A’s wife had the opportunity to review the terms and conditions before agreeing to them.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman