Summary: Mrs C was receiving care at home visits from a care provider commissioned by the Council. The care provider incorrectly asked Mrs C to sign its own contract which stated that, if care visits were cancelled with seven days’ notice, charges would not apply. Mrs C cancelled visits on bank holidays when her daughter agreed to provide the care but the Council charged her for care on those days in accordance with its policy. The Council has now agreed to refund the charges.

The complaint

1. Ms B complains on behalf of her mother, Mrs C, that the Council has charged her for care on bank holidays even though the care provider acting on the Council’s behalf had agreed she would not be charged for those days because she cancelled the visits with seven days’ notice.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have considered all the information provided by Ms B and the Council.
5. I have written to Ms B and the Council with my draft decision and given them an opportunity to comment.

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What I found

6. Mrs C began receiving care at home visits from a care provider, Company X, in 2017. The care was commissioned by the Council but Company X incorrectly asked Mrs C to sign its own contract which stated that, if care visits were cancelled with seven days’ notice, charges would not apply. In reliance on this contract, Ms B decided to provide Mrs C’s care on bank holidays and cancelled the care visits with Company X for those days on the assumption that charges would not apply.
7. The Council charged Mrs C for the bank holidays in line with its charging policy which does not allow for refunds or adjustments to charges unless services are not received for a period of more than two continuous weeks.
8. Ms B asked the Council for a refund explaining that care visits had not taken place on bank holidays and that this had been agreed with Company X. The Council refused to issue a refund on the basis that it’s charging policy had been properly applied and that it would be unfair to treat Mrs C differently from other service users. It apologised for the misunderstanding and explained that Company X should not have given assurances that there would be no charge for the days when Mrs C did not receive care. It also explained the position to Company X.
9. The Council accepts Company X was wrong to ask Mrs C to sign its own contract. It has now reconsidered the matter and has decided that, in view of the incorrect information given to Mrs C and Ms B by Company X and their reliance on that information, it will offer Mrs C a refund of the amount paid for bank holidays when care was not received. Accordingly, it has sent Mrs C an adjusted invoice.
10. I am satisfied the Council’s action represents a satisfactory remedy for the injustice caused to Mrs C and Ms B. Accordingly, I will not pursue the complaint further.

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Final decision

11. I have completed my investigation on the basis I am satisfied with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman