Summary: We have discontinued our investigation into Miss X’s complaint about charges deducted and funds owed by a care provider. This is because the complaint concerns a financial dispute about care charges, and it is reasonable to expect Miss X to pursue the matter through the courts.

The complaint

1. Miss X complains the Care Provider deducted charges from her late uncle Mr Y’s bank account and failed to fully repay a refund it owed. She disputes the lawfulness of the deductions and wants the Care Provider to reimburse the money.

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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 there is not enough evidence of fault to justify investigating, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered evidence provided by Miss X and the Care Provider as well as relevant law, policy and guidance.
5. Miss X and the Care Provider were offered an opportunity to comment on this draft decision. I considered any comments before making a final decision.

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What happened

6. Mr Y lived in a care home operated by the Care Provider. Miss X says that between 2020 and 2023, the Care Provider deducted hospitality payments from Mr Y’s personal bank account. Mr Y lacked capacity during this time, and no attorney or deputy was in place.
7. Miss X, says the Care Provider had no authority to make these deductions and should repay the total amount, which she estimates at over £16,000. She also complains the Care Provider repaid a separate refund in instalments, and part remains unpaid.
8. Miss X complained to the Ombudsman in 2025, seeking reimbursement of the amounts deducted.

Decision to discontinue

9. We will not investigate this complaint. The issues raised concern a dispute over charges deducted directly by the Care Provider. The complainant says the payments were taken without lawful authority and is seeking reimbursement of the sums involved.
10. The Ombudsman does not determine legal liability or entitlement to repayment in private financial disputes. These are matters more appropriately considered by the courts, which have the power to decide whether money has been wrongfully taken and, if so, to order reimbursement.
11. An alternative legal remedy is available to the complainant through the small claims process. Given the nature of the dispute and the sums involved, we consider it reasonable to expect the complainant to pursue that remedy. We are therefore discontinuing our investigation.

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Decision

12. We have discontinued our investigation into Miss X’s complaint about charges deducted and funds owed by a Care Provider. This is because the complaint concerns a financial dispute about care charges, and it is reasonable to expect Miss X to pursue the matter through the courts.

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Investigator's decision on behalf of the Ombudsman