Summary: We will not investigate Mr X’s complaint about the care provider’s decision to cancel a two-week respite care package he had booked for his mother. This is because there is no sign of fault by the care provider as it gave more than the required amount of notice when it cancelled.

The complaint

1. The complainant, whom I shall call Mr X, complains about the care provider’s decision to cancel a two-week respite care package he had booked for his mother for December 2021.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Care Provider.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In August 2021, Mr X booked a two-week respite care package for his mother, Mrs X, for December 2021 with the care provider. This was to provide care for Mrs X whilst Mr X took a family holiday.
6. In October 2021, the care provider told Mr X it would no longer be able to provide the planned care due to carer shortages. It said it had hoped recruitment shortages would have been resolved, due to changes in Covid-19 restrictions, and the return of its carers from overseas, but this had not happened. It offered to help Mr X to source a new provider or care home placement, or to continue to try to source a carer, but said it wanted to give Mr X enough notice to find another provider.
7. Mr X says he was put to time and trouble in finding a new care provider, which he was luckily able to source. He had also been worried the holiday he had booked would not go ahead if they could not find a new provider.
8. Mr X seeks compensation from the care provider for the time he wasted in booking the care initially and in sourcing a new provider.
9. I have viewed a copy of the contract signed in August 2021 when the care package was booked. This states, at section 17; ‘This Agreement may be terminated by either party giving 30 days notice in writing. Should the Client wish to cancel or amend their planned care (unless related to a change in care needs where a reassessment will take place as per clause 12 above) they must give 30 days notice in writing, unless other arrangements have been agreed. Failure to give the necessary notice will result in the Agreed Weekly Charge being applied to the full notice period.’

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Final decision

10. We will not investigate Mr X’s complaint because there is no sign of fault by the care provider. This is because it provided more than the required notice period set out in the contract when it told Mr X it needed to cancel the care package. Also, whilst Mr X was put to some time and trouble in sourcing a new provider, the matter has not caused him a significant injustice serious enough to merit an investigation by this office.

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Investigator's decision on behalf of the Ombudsman