Summary: We will not investigate this complaint about a care provider’s charging policy after a resident’s death. This is because there is not enough evidence of fault.

The complaint

1. Mr X complained the Terms and Conditions state the contract ends immediately on the death of a resident. Despite this, the care home hasn’t refunded four days of pre-paid fees following the death of his family member, Mr Y. Mr X also complains the call received from the home regarding the removal of Mr Y’s body was handled insensitively.
2. Mr X wants the care fees covering the day of death, and three days following refunded.

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The Ombudsman’s role and powers

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. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, sections 34B(8) and (9), section 34C)

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How I considered this complaint

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

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My assessment

6. Mr Y received care in a care home before his death. Mr X paid the invoices for the care monthly in advance.
7. After Mr Y passed away, the care provider called the family about the removal of Mr Y’s body. Mr X says this was handled insensitively. The care provider apologised for the delivery of the call to the family and have reminded staff how to approach sensitive subjects.
8. Mr X asked the care provider to refund care fees covering the date of death, and the rest of the month. The care provider has published Terms and Conditions of Residence. Once a resident dies, their agreement with the care provider ends immediately. Their room must be emptied within three days. During these three days, care fees are charged. However, the care home refunds any pre-paid care fees for the rest of the month after these three days.
9. I will not investigate this complaint because there is not enough evidence of fault by the care provider. It has apologised for the delivery of their call and reminded staff how to handle sensitive subjects. The care provider has also shown it has charged the family in line with its published Terms and Conditions of Residence.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman