Summary: We will not investigate Mr B’s complaint about his late mother’s, Mrs C’s, care provider charging for her care. This is because there is not enough evidence of fault with the actions taken by the Care Provider to warrant an ombudsman investigation.

The complaint

1. Mr B complained his late mother’s, Mrs C’s, care provider has overcharged her estate for care it provided. Mr B says due to an unexpected demise in Mrs C’s health she received palliative care from the NHS and the Care Provider did very little during this period as he and his sister were there all the time. Mr B says the Care Provider should recalculate the invoice, agree to wait until Probate has been granted without incurring an 8% late payment charge, and until there is a mutual agreement on the amount her estate should pay for care.

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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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Care Provider advised Mr B in May 2023 of the outstanding invoice for Mrs C’s care. Mr B disputes the amount owed and says the Care Provider should negotiate an agreed amount with him.
7. We could not say the Care Provider is at fault for providing care that was commissioned even though Mrs C was receiving palliative care from the NHS at the time. As Mrs C’s attorney, it was open for Mr B to cancel the care at any time. We could not say the Care Provider should be responsible for the debt.
8. Mr B says the Care Provider is insisting the invoice is paid before Probate is granted which should be in March 2024. Mrs C passed away prior to the final invoice being issued in May 2023. It is the responsibility of the Executor or Administrator of the Estate to prepare and apply for Probate without incurring avoidable delay. If Mrs C’s care provider seeks to impose a penalty because of delay it is a matter for the Care Provider as creditor and Mrs C’s estate as debtor to resolve. If Mr B does not believe the Care Provider is entitled to apply a default charge, it would be reasonable for him to ask the court to consider whether the Care Provider’s interpretation of the contract is lawful.

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Final decision

9. We will not investigate Mr B’s complaint because there is not enough evidence of fault with the actions taken by the Care Provider to warrant an ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman