Summary: The Ombudsman will not investigate Mrs X’s complaint about the care provider’s failure to refund her mother’s care fees which were paid in advance. This is because the care provider is no longer trading and there is no worthwhile outcome achievable from an investigation. The Ombudsman could not make recommendations to a provider which is no longer operating even if we were able to reach a view on the matter complained about.

The complaint

1. The complainant, whom I shall call Mrs X, complains the care provider has failed to refund over £5000 paid in advance for her mother’s care provision. The care provider ceased trading in late 2019.

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The Ombudsman’s role and powers

2. 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. (Local Government Act 1974, sections 34B and 34C)
3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. 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 we cannot achieve the outcome someone wants. (Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

5. I considered the information Mrs X provided. I also attempted to contact the care provider’s director to request information about this complaint, but received no response. I sent Mrs X a draft of my decision and invited her comments on it.

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What I found

6. Mrs X complains on behalf of her mother, Mrs Y, who is now sadly deceased.
7. Mrs Y had received a care package from the care provider since 2017. Mrs X was attorney for Mrs Y and managed her care charges. In late 2019, there was a change to Mrs Y’s package and Mrs X was asked to pay the care fees one-month in advance. Shortly after, Mrs X was told the care package would be transferred to another franchisee.
8. When the new provider sent Mrs X a further care bill, Mrs X asked for the advance payments, of over £5000, to be refunded. The new provider explained it was a separate franchise to the previous provider. It told Mrs X she would need to seek the refund from the original care provider.
9. The support centre for the overall franchise told Mrs X the care providers were a network of separate independently owned franchise businesses. As such, it had no direct management or contractual control over the individual franchises. It noted the care provider had ceased trading in November 2019. It provided Mrs X with the contact details for the care provider’s solicitors. The solicitors told Mrs X they were no longer acting for the care provider and so they could not help. Mrs X’s attempts to contact the care provider directly have been unsuccessful.

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Final decision

10. We will not investigate this complaint. This is because we cannot make recommendations against a care provider that is no longer trading. As a result, there is no worthwhile outcome achievable in us investigating.

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Investigator's decision on behalf of the Ombudsman