Summary: We will not investigate Mr X’s complaint about charges for his father’s care. The Care Provider has apologised and offered a partial refund, which is an appropriate remedy for the injustice caused. Further investigation by us could not add to this nor lead to a different outcome.

The complaint

1. Mr X complains on behalf of his father, Mr Y. He says the Care Provider should not have charged for one of the two daily visits it provided to Mr Y. Mr X says it should have been apparent to the Care Provider that Mr Y did not need the visits to meet care needs soon after his admission in April 2022. Mr X wants the Care Provider to reimburse the fees his father paid for these unnecessary care visits from May 2022 onwards.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.

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My assessment

5. The Care Provider has responded to Mr X’s complaints about the issue summarised in paragraph 1 above. Mr Y’s residential care placement is self-funded and therefore a private arrangement between him and the Care Provider. The Care Provider has explained that typically it would not question the amount of care visits a privately funded resident has requested unless the resident expressed concerns about it.
6. In its complaint responses to Mr X, the Care Provider has acknowledged that it could have questioned the benefit of continuing two daily visits to Mr Y sooner. The Care Provider has explained to Mr X that it intends to amend its procedures to ensure it periodically reviews the provision it delivers. The Care Provider has apologised to Mr X and offered to reimburse the fees his father paid for one of the daily visits from August 2024, when Mr X first approached it with his concerns about the charges.
7. The Care Provider has provided a reasonable response to the concerns Mr X has raised. We are unlikely to achieve anything more for Mr Y in these circumstances. It would not be a proportionate use of our limited resources to investigate this matter further.

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Final decision

8. We will not investigate Mr X’s complaint because further investigation by us could not add to the responses and outcomes the Care Provider has already provided.

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Investigator's decision on behalf of the Ombudsman