Summary: Mrs Z, on behalf of her grandmother’s estate, complained a care provider failed to refund care charges and deposit after she died. The care home has closed and a winding up petition has been issued against the care provider. Administrators are now dealing with all outstanding liabilities and so we will discontinue our investigation as no worthwhile outcome can be achieved.

The complaint

1. Mrs Z, on behalf of her grandmother’s estate, complained the care provider failed to reimburse a deposit and two weeks care charges following her death.
2. Mrs Z says it has been very distressing to have to pursue the money while dealing with a bereavement.

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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. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)
4. 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))

5. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

6. I considered evidence provided by Mrs Z as well as relevant law, policy and guidance.
7. Mrs Z and the care provider had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

8. This section sets out the key events in this case and is not intended to be a detailed chronology.
9. Mrs Z’s grandmother, Mrs X, was a resident at Oaklands Court Care Home until her death in July 2024. Oaklands Court Care Home was managed by Chanctonbury Health Care Limited which changed its name to Aethel Care Homes Limited in 2025.
10. Following Mrs X’s death, Mrs Z contacted the care provider to request the return of monies paid by her grandmother. This included two weeks care charges paid in advance and a £2,000 deposit. Mrs Z said she first contacted the care provider on 8 August 2024 about the money owed to the estate.
11. A credit note for the amount £1,563. 80 was sent to the executor of Mrs X’s estate on 27 August 2024. The care provider sent an email n 30 August 2024 saying that it had experienced some technical IT difficulties within the accounting department which it expected to resolve soon. The money was never returned.
12. Mrs X complained to the Ombudsman in November 2024. We made attempts to establish who was running the care home and how to contact the responsible person as it was not clear if the care provider had dealt with Mrs Z’s complaint.
13. In March 2025, the general manager of the care home contacted us saying that she had no control over the finances of the home or the company. She said that she had to request authorisation for any spending associated with the running of the home and that she escalated any financial queries or complaints to the finance department. She provided details of the business owner and financial director.
14. By the time the complaint was allocated to me to investigate, the care provider had changed and the emails provided were no longer active. While we made written enquiries to the address provided on the CQC (Care Quality Commission) website, no response has been provided. We have been in contact with CQC and the registered manager and found a winding up petition was made in the courts in August 2025. As a result, the current residents were moved out of the home and it has now closed. Administrators have been appointed and as part of that process, creditors are invited to contact them. I have passed on the administrators details to Mrs Z.
15. As explained at paragraphs three and four above, the Ombudsman has general discretion to end any investigation. We have to be aware of how we spend public money when investigating complaints. It seems unlikely that there is anything more than we could do to help Mrs Z considering the care home is closed and administrators appointed.

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Decision

16. We will discontinue our investigation as it is unlikely any worthwhile outcome can be achieved.

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Investigator's decision on behalf of the Ombudsman