Summary: We will not investigate Mr B’s complaint about being asked to sign a new contract and direct debit for his late father’s, Mr C’s, care. This is because the Care Provider apologised and reviewed its processes and procedures. We are satisfied with the actions taken by the Care Provider and there is no ongoing injustice warranting an ombudsman investigation.

The complaint

1. Mr B complained that it was not necessary to have a new payment arrangement or contract in place when his late father, Mr C, moved from one care home placement to another. Mr B says Mr C moved in June 2021, but it took until October for the Care Provider to acknowledge it should not have considered asking him to set up a new direct debit or contract. Mr B says this could have led to Mr C incurring personal liability and has caused him unnecessary unpleasantness, frustration and has taken many hours having to deal with it. Mr B says he has not had all the answers to his questions nor has the Care Provider acknowledged its shortcomings or justified its actions.

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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)

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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. The Care Provider apologised Mr B had cause to complain regarding being asked to sign a new contract and direct debit mandate following Mr C’s move to a different home. It said Mr B’s complaint prompted a review of its contract processes. While Mr B has not had all the answers he wants it is not the role of the Ombudsman to investigate to provide him with these answers. Although Mr B has had some frustration in pursuing a complaint with the Care Provider, neither he nor Mr C was caused a significant enough injustice to warrant an Ombudsman investigation.

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Final decision

6. We will not investigate Mr B’s complaint because we are satisfied with the actions taken by the Care Provider and there is no ongoing injustice warranting an ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman