Summary: The Care Provider failed to give the required notice period to cease its home care service. Although there were reasons for this, the Care Provider’s actions meant the family could not find alternative home care provision, and Ms C had to leave her home at short notice. This was distressing for Ms C, and it was stressful for her family to find alternative care provision at short notice. The Care Provider should make a payment to acknowledge the impact of its actions.

The complaint

1. The complainant, who I will call Ms B, says the Care Provider breached its contract by failing to give the correct notice period to terminate the service. Ms B had to find alternative care support for her mother (Ms C) at short notice which was very stressful. Ms C had to leave her home at short notice and move to a nursing care home because Ms B could not find a service to support Ms C at home.

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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. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)
3. If an adult social care provider’s actions have caused an injustice, we may suggest a remedy. (Local Government Act 1974, section 34H(4))
4. We may investigate complaints from a person affected by the matter in the complaint, or from someone the person has authorised in writing to act for him or her. (section 26A or 34C, Local Government Act 1974). Ms C has authorised Ms B to act for her.
5. If we are satisfied with a care provider’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

6. The Care Quality Commission (CQC) is the statutory regulator of care services. It keeps a register of care providers who show they meet the fundamental standards of care, inspects care services and issues reports on its findings. It also has power to enforce against breaches of fundamental care standards and prosecute offences.
7. The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 set out the fundamental standards those registered to provide care services must achieve. The CQC has issued guidance on how to meet the fundamental standards below which care must never fall. I considered the fundamental standards.
8. I considered the Care Provider’s contract with Ms C.
9. Ms B 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

10. Ms C lived in her own home, receiving care support visits four times per day from Helping Hands which was a domiciliary care company operated by Arrigadeen Nursing Home.
11. In August 2021 the company says it reached a critical staffing level and could not safely provide the service to Ms C. Various factors caused the staffing crisis including staff leaving at short notice, staff sickness, staff isolating because of Covid-19, and new staff failing to start.
12. The Care Provider says it tried all available avenues to still provide the service to Ms C, such as trying to recruit agency staff and contacting other care providers, but none were successful. The Covid-19 pandemic meant there was a shortage of available cover.
13. The Care Provider says it contacted the local authority who said the family should contact the ‘emergency team’; the Care Provider could not do so on their behalf.
14. Having tried all available routes to provide the contracted service, the Care Provider contacted the family to explain the situation. The Care Provider contacted the family on a Thursday and said it could only provide support until Saturday. This was a shock to the family, their contract with the Care Provider says both parties must give 28 days’ notice to terminate the contract. The family contacted the emergency team at the local council. They could not find another home care provider available to start that Sunday, the only available option was a room at a nursing home.
15. Ms C left her home at very short notice, which was upsetting and stressful.

Did the Care Provider’s actions cause injustice?

16. One of the CQC fundamental standards is that a care provider must have enough suitably qualified, competent, and experienced staff to make sure they can meet the other fundamental standards, such as providing safe care and treatment.
17. I recognise the Care Provider faced difficult circumstances during the Covid-19 pandemic and took the correct actions to try and source alternative provision to meet the terms of its contract. However, for various reasons, much of which outside its control, it did not have sufficient staffing levels so may have breached the CQC fundamental standards.
18. The Care Provider broke the terms of its contract by not providing the required 28-day notice period, and this action caused injustice to Ms C and her family.
19. Ms C was distressed at leaving her home at short notice and moving to an unfamiliar nursing home. Ms C’s choice would have been to remain living at home for as long as possible, and this choice was taken from her because of the short notice to source home care.
20. It was stressful for Ms B and the family to try and find an alternative source of care at such short notice.

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Recommended action

21. To acknowledge the impact of its actions I recommend the Care Provider pay Ms B £500 to recognise the impact on the family and pay Ms C £1000 to recognise the impact of moving home.
22. The Care Provider has not agreed to take the recommended actions.
23. The Care Provider has ceased trading, but remains active on Companies House, so payment may need to be arranged by the listed Directors.
24. The Directors should arrange the payment within one month of the Ombudsman’s final decision, and evidence its compliance to the Ombudsman. If the Directors fail to take the recommended actions, the Ombudsman will consider whether it is appropriate to pursue the matter further.

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Final decision

25. I have completed my investigation on the basis the recommended action is sufficient to acknowledge the impact on Ms C and her family.
26. Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Care Quality Commission (CQC), we will share the final decision with CQC.

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Investigator's decision on behalf of the Ombudsman