Summary: We will not investigate this complaint about the Care Home’s refusal to refund fees. This is because there is no worthwhile outcome achievable if we were to investigate.

The complaint

1. Mr X complains the Care Home has refused to refund care fees for his wife which cover a period after his wife had passed away.
2. Mr X is seeking a partial refund of fees.

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The Ombudsman’s role and powers

3. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. If they have caused a significant injustice or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 34B, 34C and 34H(3 and 4) as amended)
4. 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 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

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

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My assessment

7. Mr X’s wife was a resident of the Care Home when she passed away in 2025. A payment for her care fees was paid which partly covered a period after she had passed away.
8. Mr X complained the Care Home had not returned that part of the fees.
9. The Care Home responded to say no refund is due as it had incurred considerable costs putting right damage caused to the room by Mrs X.
10. The Care Home has provided a copy of the contract signed by Mrs X when she moved into the home. The contract says the Care Home will charge for any damage or breakages beyond normal wear and tear caused by the resident.
11. It also says full fees will be charged until a resident’s personal possessions have been removed from the room.
12. Mrs X’s fees were £1,300 per week. Mr X says a refund of about £1,600 is due.
13. The Care Home says the room was not cleared for almost a week and that significant repair was needed due to damage caused by Mrs X.
14. Given most of the £1,600 claimed by Mr X is chargeable because of the time taken to clear the room, it is unlikely we would find the charge for repairs to be unreasonable.
15. It would have been better for the sake of clarity if the Care Home had listed the exact costs incurred so there could be no doubt. However, if we were to investigate the issue, it is unlikely we would find the damage described would not justify the Care Home’s position.

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Final decision

16. We will not investigate Mr X’s complaint because it is unlikely further investigation would lead to a different outcome for him.

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Investigator's decision on behalf of the Ombudsman