Summary: We will not investigate Mrs X’s complaint her mother’s previous care home overcharged her and for charging her for nursing care even though her mother did not need this level of care. This is because an investigation would not lead to a different outcome as we are not likely to find fault.

The complaint

1. Mrs X complains her mother’s previous care home overcharged her as she was charged for nursing care even though her mother did not need this level of care.

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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. Mrs X’s mother, Mrs Z, was placed into a nursing home following her discharge from hospital in 2022. Mrs X has power of attorney for her mother.
6. The Council paid for the placement while Mrs Z’s property was sold. Mrs Z was assessed as a self-funder from May 2024, following the sale of her property.
7. Mrs X said the family were not advised what would happen with her mother’s placement following being assessed as a self-funder. She says the nursing home advised her that the cost of the placement was around £2000 a week but that she was not given a contract. Mrs X said her brother, who also held power of attorney, signed a contract without reading it.
8. Mrs X said they moved their mother to different care home which only charged just over £1000 a week. She feels her mother has been overcharged by the nursing home.
9. The care provider explained that the charges for the placement had been set out in the contract provided to Mrs X’s brother. It also confirmed that Mrs Z’s care needs were assessed before her admission and that her category of care was listed as dementia nursing care. The care provider added that Mrs Z’s care was reviewed at regular intervals and Mrs X’s brother did not raise any concerns about the care Mrs Z received.
10. An investigation is not justified as it would not lead to a different outcome because we are not likely to find fault. The contract Mrs Z’s brother signed clearly detailed the cost of the placement and it is the responsibility of Mrs Z’s representatives to review the contract to understand the terms and conditions before agreeing to it. It is unfortunate that Mrs X’s brother did not read the contact before signing it, but this is not the fault of the care provider.
11. Further, Mrs X said the care provider had charged her mother over £2000 a week. However, the contract details the fees at just over £928 per week. The invoices also set out that Mrs Z was charged at just over £928 per week for the placement.
12. Finally, we are not likely to find fault regarding Mrs Z receiving nursing care. The care provider has provided copies of letters from the integrated care board which confirmed that Mrs Z had identified nursing needs and so was eligible for funded nursing care.

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Final decision

13. We will not investigate Mrs X’s complaint because an investigation would not lead to a different outcome because we are not likely to find fault.

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Investigator's decision on behalf of the Ombudsman