Private Medicare Limited (23 014 791)

Category : Adult care services > Charging

Decision : Closed after initial enquiries

Decision date : 02 Feb 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the detail contained on invoices for residential adult social care. This is because it does not cause significant injustice to warrant our involvement, we could not add to the Care Provider’s investigation, or reach a different outcome.

The complaint

  1. Mr B says the Care Provider’s invoices for his mother’s (Ms C’s) stay at St Mary’s Care Centre do not meet government guidelines. Mr B says the invoices do not give a clear description of what is being charged for and should provide a more detailed breakdown.

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The Ombudsman’s role and powers

  1. 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, or
  • we cannot achieve the outcome someone wants, or
  • there is another body better placed to consider this complaint.

(Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Care Provider’s invoices detail the name of the care home, the name of the resident, the room number, the period of care charged for, and the type of care charged for. More detail about the individual’s specific care is detailed in the individual contract and the individual care plan.
  2. The Care Provider has considered Mr B’s comments and given him thorough responses. The Care Provider explains it would be impractical and unreasonably administratively burdensome to include the detail Mr B suggests.
  3. This ultimately is a dispute about the interpretation of what is a clear description. This is not a dispute which the Ombudsman can settle, Mr B could seek legal advice on this matter.
  4. I am satisfied the Care Provider’s invoices, coupled with information contained in contracts and care plans, gives the reader enough information to understand what they have agreed to contract and pay for.
  5. The Care Quality Commission regulate care providers and have regulations which care providers must meet. Regulation 19 is about fees but does not specify what must be included in invoices. There is no evidence to suggest the Care Provider is not meeting the required standards regarding information about its fees.

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Final decision

  1. We will not investigate Mr B’s complaint because we could not add to the Care Provider’s investigation. Mr B raises no concern that Ms C is not receiving the care and support she pays for, only about the detail of the invoices. There is no significant injustice to Mr B, but even if there was it is unlikely that further investigation would lead to a different outcome. The Ombudsman cannot settle the dispute about what is a clear description on invoices. The Ombudsman can look at legal documents such as contracts and invoices based on whether a lay person could understand them. I am satisfied the information the Care Provider gives is enough to allow people to understand what they are paying for as agreed in the contract they signed.

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Investigator's decision on behalf of the Ombudsman

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