Summary: We will not investigate this complaint about privately arranged care at home. The complainant signed a contract for the care, which has clear terms about cancelling the care. Although the complainant could not give notice because of hospital admission, the fees are still payable for the notice period stated in the contract. It is unlikely the Ombudsman can add to the Care Provider’s investigation of the complaint or reach a different outcome.

The complaint

1. Mr B says the Care Provider is unfairly charging for a time his relative, Ms C, was in hospital and not receiving a service.

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The Ombudsman’s role and powers

2. 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:

• 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))

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How I considered this complaint

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

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My assessment

5. Ms C signed a contract with Alina Homecare Services Limited (the Care Provider) to provide her with care at home. Unfortunately, Ms C was taken into hospital the day after the package of care started.
6. The contract terms, which Ms C agreed to, allow the Care Provider to charge a two week notice period. This applies even though there was no way on this occasion that Ms C could give notice to cancel.
7. The Care Provider has given a thorough reply to Mr B’s complaint, explaining its position. Even though Ms C was in hospital, the Care Provider still pays its staff as cannot reschedule the rota on such short notice. This is why it has a two-week cancellation period that must still be paid. The Care Provider has not charged £1500 of fees it could have charged, and did offer to waive a further £1500 if Mr B promptly paid the invoice.

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Final decision

8. We will not investigate Mr B’s complaint because it is unlikely we could add to the Care Provider’s investigation or reach a different outcome. While I understand Mr B’s upset at paying a large amount of money for care that was not received, the Care Provider’s contract terms are clear so the Ombudsman cannot challenge the outstanding fees. Mr B can challenge the fees in court if he believes he should not pay.

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Investigator's decision on behalf of the Ombudsman