Summary: We will not investigate Mr X’s complaint about poor care provided to his mother by her care home and about the care home’s refusal to refund some fees. This is because there is insufficient evidence of fault, and an investigation would not lead to a different outcome.

The complaint

1. Mr X complains about poor care provided to his mother by her care home. He says this resulted in him terminating the contract. He also complains the care home has refused to refund the fees that were paid in advance.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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

4. I considered information provided by the complainant and the Care Provider.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s mother, Mrs Z, moved into the care home in June 2022. Mr X did not complain to the care provider about poor care until November 2024. Mr X complained to us in March 2025.
7. It is reasonable to expect Mr X to have complained to us earlier if he was concerned about the poor care provided to his mother by her care home in 2022 and 2023. I cannot see any good reasons for why Mr X could not have complained earlier. Therefore, I have only considered the care provider’s actions within the last 12 months as there are no good reasons to exercise discretion to consider matters that happened more than 12 months ago.
8. Mr X raised concerns about poor care which he says led to his mother having three unwitnessed falls between December 2024 and January 2025. He also raised concerns about a door Mrs Z could access to leave the building.
9. In response to his complaint, the care provider explained:
• The care home is suitable to meet Mrs Z’s care needs, and her room was safe for her to occupy.
• The care home was not a secure dementia home and had never claimed to be one.
• The door Mrs Z had accessed was a fire exit and so could not be locked. Says while Mrs Z had opened the door, the door was alarmed and staff responded to this alert within seconds. Care home was satisfied Mrs Z was not able to get more than a few steps away from the care home before staff arrived.
• The evidence of the incidents that occurred in December 2024 and January 2025 did not support that Mrs Z had fallen. The care provider noted that Mrs Z was never found on the floor and her own recollection of events also did not support that she had fallen. Medical advice was sought where injuries were noted.
• The care home had measures in place to reduce the risk of falls, including the installation of a sensor floor mat and infrared sensor alarms. However, as Mrs Z did not receive 24 hour, one to one care, the risk of falls could not be eliminated.
10. An investigation is not justified as we are not likely to find fault. The care provider has addressed Mr X’s concerns and explained to him why it was satisfied appropriate care was provided to Mrs Z and why it was satisfied it could meet her care needs. Further, the care provider kept records of the incidents and appropriately sought medical advice where it was noted Mrs Z had sustained an injury.
11. As we are not likely to find fault with the care provided to Mrs Z, we are also not likely to find fault with the care providers refusal to refund two weeks of care fees. The care provider’s contract states that four weeks notice is required to end the contract for care. Therefore, the care provider is allowed to charge up to the notice period.

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Final decision

12. We will not investigate Mr X’s complaint because there is insufficient evidence of fault and an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman