Summary: We will not investigate this complaint about the Care Provider’s decision not to give the complainant a refund. This is because there is insufficient evidence of fault by the Care Provider and because the complainant could take action in the small claims court.

The complaint

1. The complainant, whom I refer to as Ms X, says she paid £1025 in care fees but only received care worth £408. Ms X complains the Care Provider will not give her a refund.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 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))

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How I considered this complaint

3. I considered information provided by Ms X and the Care Provider. I also considered our Assessment Code. I invited Ms X to comment on a draft of this decision.

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My assessment

4. Ms X paid for six weeks home care after she was discharged from hospital. She paid £1025 for the period of care. The care started on 19 February. Ms X was re-admitted to hospital as an emergency on 7 March. She remained in hospital for about five weeks.
5. Ms X rang the Care Provider while she was in hospital and asked for the support to be deferred. The Care Provider referred to its terms and conditions and said deferment was not an option. It said Ms X could give seven days notice and cancel the contract or she could keep the contract open to ensure support was available as soon as she was discharged. Ms X did not cancel the contract.
6. Ms X asked the Care Provider for a refund for the time she was in hospital. The Care Provider declined. It explained she was liable because she had not cancelled the contract.
7. Ms X complained to her debit/credit card provider; the provider did not agree to refund any money. Ms X complained to the Care Qualify Commission (CQC); the CQC did not uphold her complaint.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Care Provider. This is because Ms X did not cancel the contract so remained liable for the costs. Ms X could have cancelled the contract, while she was in hospital, if she did not want to be charged.
9. I also will not start an investigation because Ms X can take action in the small claims court if she thinks the Care Provider owes her money.

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Final decision

10. I will not start an investigation because there is insufficient evidence of fault by the Council and because Ms X could take action in the small claims court.

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Investigator's decision on behalf of the Ombudsman