Summary: We will not investigate Mrs X’s complaint about a care home’s refusal to full refund the fees she paid in advance. This is because there is insufficient evidence of fault.

The complaint

1. Mrs X complains a care home refused to fully refund the fees she paid in advance. She says she should be refunded fully as a 14-day cooling off period should apply to the contract she signed.

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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 an investigation if we believe there is not enough evidence of fault to justify investigating. (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. In July 2024, Mrs X signed a contract with a care home for a placement for her father. She signed a contract which stipulated the following terms and conditions:
• There was a minimum stay period of 10 days.
• 14 day notice period for cancellation or to end the placement.
6. Mrs X was charged in advance to secure the placement, a total of just over £6500. The invoice provided showed clearly that the placement was to start the day after she signed the contract.
7. Eleven days after signing the contract, Mrs X contacted the care home to advise she would not be sending her father to the care home. This was due to some concerns about the care home which was raised to her by a third party.
8. The care home issued Mrs X a partial refund following the cancellation of the placement. The care home deducted the cost of the 10 days minimum stay period and the 14-day notice period. The care home refunded Mrs X just over £2600.
9. Mrs X considers the care home should have refunded her in full because she gave notice within the 14-day cooling off period. The care home states there is no cooling off period as the supply of accommodation is exempt under the Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013. The care home also explained its terms and conditions were clearly set out in the contract signed.
10. An investigation is not justified as we are not likely to find fault. The Regulations do specify that the supply of accommodation is exempt from the 14-day cooling off period set out in the Regulations. I am satisfied that securing a room within a care home setting is likely to fall within the definition of the supply of accommodation.
11. Further, a 14-day cooling off period does not apply if services are arranged with a company in the store or on its premises. In this case, Mrs X had visited the care home premises to discuss and arrange the service.
12. I have reviewed the charges applied and am satisfied the care home appropriately charged the fees as set out within the terms and conditions of the contract Mrs X signed and refunded her appropriately.
13. If Mrs X remains of the view that a 14 day cooling off period should apply to her contract or disputes whether the contract is enforceable, she would need to pursue the matter in court.

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Final decision

14. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman