Summary: We will not investigate this complaint about a care provider misquoting Mrs X for the cost of her mother’s placement. This is because the accepted fault did not cause any injustice to Mrs A and the care provider has already appropriately remedied the injustice caused to Mrs X.

The complaint

1. Mrs X complains the care provider misquoted her for her mother’s placement. She said the care provider told her the fees were £3010 per month but that she was later told this figure was wrong and that her mother owes money. She also complains the care provider sent letters to her mother, instead of her, despite being aware she had lasting power of attorney, and about the quality of care and meals provided.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

3. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5))

(Local Government Act 1974, section 24A(6))

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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. Mrs X has lasting power of attorney for financial and property affairs for her mother, Mrs A.
7. Mrs A signed an occupancy agreement with her care provider in January 2021. This contract outlines the weekly fee for her room was just over £827 per week. There is no evidence to suggest Mrs A lacked capacity to sign or agree to this contract.
8. Therefore, although Mrs X was told of the wrong price for the room, this has not caused any injustice to Mrs A. This is because Mrs A was told the correct fee in the contract she signed, and the fault would not have changed the fact Mrs A had agreed to pay this fee.
9. The care provider has already apologised to Mrs X for the incorrect fee being inputted onto Mrs A’s account. The care provider said Mrs X accepted its offer of £250 to recognise the frustration this cause. This is appropriate in the circumstances, and I do not consider any further remedy is needed. Further investigation therefore would not lead to a different outcome.
10. The care provider confirmed it is still considering the other matters complained about. Therefore, these complaints have not yet completed the care provider’s complaints process and we cannot investigate yet. Once Mrs X receives the care provider’s final response, if she remains unhappy with the decision, she can refer the complaint back to us to consider.

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Final decision

11. We will not investigate Mrs X’s complaint because the fault did not cause any injustice to Mrs A and the care provider has already appropriately remedied the injustice caused to Mrs X. The other matters complained have not yet completed the care provider’s complaints procedure and so we cannot investigate yet.

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Investigator's decision on behalf of the Ombudsman