Summary: Dr X complained the Care Provider accepted Mr B without completing an assessment of his needs and charged Mr B for a two week stay when he only stayed for one day. We have discontinued our investigation as the Care Provider has ceased trading, and we cannot complete our investigation or seek a remedy.

The complaint

1. On behalf of Mr B, Dr X complained the Care Provider:
• Accepted Mr B for respite care without completing an assessment of his needs.
• Took two weeks of care fees despite the initial agreement being for a one week stay and Mr B only staying for one day.
• Has no written contract or complaints procedure.
• Has been hostile and untruthful.
• Failed to provide evidence of the damage it has charged Mr B for.
• Failed to provide a formal complaint response and engage in alternative dispute resolution.
2. Dr X says the Care Provider’s failure to assess Mr B led to a premature termination of his stay and meant he was in an unsuitable, unsafe environment. Mr B was not able to understand what had happened and he was upset by the events. Dr X says the family have paid out two thousand pounds for care which Mr B did not receive, and they have been further impacted by the delay in dealing with the complaint and financial uncertainty. Dr X would like the Care Provider to review its staff training, introduce an assessment process for emergency respite admissions and provide a written contract for respite care service users. Dr X would also like the Care Provider to refund some of the care fees.

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The Ombudsman’s role and powers

3. We investigate complaints about adult social care providers. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants.
   (Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

4. I considered evidence provided by Dr X and the Care Provider as well as relevant law, policy and guidance.
5. Dr X 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

6. In order to complete my investigation, I sent enquiries to the Care Provider in May 2025.
7. In June 2025 the Care Provider was issued an order of court to wind up. The company has now been liquidated and cannot provide a response to my enquiries. Furthermore, we cannot seek a remedy from a company which has ceased trading.

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Decision

8. I have discontinued my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman