Barchester Healthcare Homes Limited (22 015 847)
Category : Adult care services > Charging
Decision : Closed after initial enquiries
Decision date : 14 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an increase in adult social care fees because there is no injustice given the Care Provider reduced the increase to the minimum contractual amount. We could not add to the Care Provider’s own investigation nor reach a different outcome.
The complaint
- Mr B disputes the reasons the Care Provider gave to justify a fee increase above the standard amount.
The Ombudsman’s role and powers
- 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 or continue with an investigation if we believe:
- the action has not caused injustice to the person who complained, or
- the injustice is not significant enough to justify our involvement, or
- it is unlikely we could add to any previous investigation by the care provider, or
- it is unlikely further investigation will lead to a different outcome.
(Local Government Act 1974, sections 34B(8) and (9))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B’s father (Mr C) lived at a care home run by Barchester Healthcare Homes Limited (the Care Provider).
- Mr C’s contract allows the Care Provider to increase its fees in April each year by 5.9%, and by more than this where government interventions lead to significant and demonstrable increases in the business’s costs or taxes. In 2022 the Care Provider increased its fees by more than the 5.9%. Mr B disputes the reasons the Care Provider gives to justify this.
- In response to Mr B’s complaint the Care Provider said because of failures in its complaint handling it would only increase Mr C’s care fees by 5.9% from April 2022, and it apologised to Mr B.
- This leaves no outstanding injustice to warrant any investigation by the Ombudsman.
- Mr C has died and there is no ongoing liability for care fees.
Final decision
- We will not investigate Mr B’s complaint because there is insufficient injustice to warrant an investigation, we could not add to the Care Provider’s investigation, or reach a different outcome.
Investigator's decision on behalf of the Ombudsman