Summary: We discontinued the investigation as there was no means of achieving a remedy for Ms Y as the Care Provider is no longer trading.

The complaint

1. Mr X complained for Ms Y about Zest Healthcare Ltd (the Care Provider). He was concerned about the forceful way the Care Provider pursued Ms Y for a disputed debt.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers. We provide a free service, but we 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

3. I considered the complaint to us, the Care Provider’s response and information from the Care Provider. A colleague discussed the complaint with Mr X.
4. Mr X and the Care Provider had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

5. Ms Y self-funded home care from the Care Provider. Mr X told us he contacted the Care Provider in August 2021 to complain about it not keeping to pre-arranged times and dates for care calls, due to staff shortages. Also, he told us the Care Provider demanded £4000 and £500 in lieu of notice and interest after Ms Y ended the service.
6. The Care Provider said in an email to Mr X in September that the matter had been passed to debt collectors because Ms Y did not give six weeks’ notice and had said that she had engaged a member of staff, which was a breach of contract. It said it would accept £1000 to settle the debt.
7. We spoke to a director of the Care Provider who told us the company was no longer trading and was not pursuing the alleged debt with Ms Y.
8. Information on the government’s website indicates the Care Provider is no longer trading and filed for creditors’ voluntary liquidation in October 2021. This is where the directors of a distressed company elect to place the company into liquidation to pay its debts.

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Final decision

9. I discontinued the investigation as there is no means of achieving a remedy for Ms Y as the Care Provider is no longer trading.

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Investigator's decision on behalf of the Ombudsman