Summary: We will not investigate this late complaint about the Care Provider’s calculation of fees. The fee uplift in question was applied in 2019, and there is not a good reason for the complaint not being brought to us sooner. In any event, the matter is best dealt with by the courts.

The complaint

1. Mr X complained about the Care Provider incorrectly charging his mother (Mrs Y, now deceased) for her care between 2019 and 2022. The Care Provider considers there to be a debt, whereas Mr X and his accountant calculate an overpayment. Mr X believes this has caused a financial detriment of around £30,000 to Mrs Y’s estate. He wants the Care Provider to make service improvements and to provide a refund based on correct calculations.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Care Provider.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says the Care Provider incorrectly calculated his mother’s care fees in 2019. He says he became aware of the full extent of Mrs Y’s accounts after her death in 2022. However, the information I have seen indicates Mr X was involved in managing Mrs Y’s finances while she was alive, and he says he raised similar issues with the Care Provider in earlier years. On the balance of probabilities, the family had the information necessary in 2019 to have been able to identify any discrepancies in the figures provided by the Care Provider, and they could therefore have raised a complaint to the Ombudsman sooner.
8. In any event, the courts are best placed to consider the matter. Due to the significant amount Mr X claims the estate is due, it is not unreasonable to expect him to pursue legal proceedings. It is not the role of the Ombudsman to assess economic losses, and when this is a complainant’s primary goal we will generally signpost them to the courts. Mr X may decide to commence legal proceedings himself. Alternatively, it is open to him to not pay the debt the Care Provider says is due, and defend his case in any proceedings the provider takes to recover the debt it considers due.

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Final decision

9. We will not investigate Mr X’s late complaint because it would have been reasonable for him to raise the matter with the Ombudsman sooner, and in any event the courts are best placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman