Kent Domiciliary Care Limited (22 012 594)
Category : Adult care services > Domiciliary care
Decision : Closed after initial enquiries
Decision date : 17 Jan 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Mrs B’s Care Provider giving her notice to quit. This is because further investigation by us could not provide Mrs B or her family with a different outcome to that already given by the Care Provider.
The complaint
- Mrs C complained on behalf of her mother, Mrs B. Mrs C says Mrs B’s Care Provider gave her 14-days’ notice to quit providing care because it did not want to empty the cat litter tray. Mrs C says if the Care Provider had discussed this with the family this could have been resolved without the distress caused to Mrs B by having to find another provider in such a short time. Mrs C says the information the Care Provider used to terminate the care provision was incorrect and wants the Care Provider to update their procedures and retrain management to ensure information relating to vulnerable people is accurate.
The Ombudsman’s role and powers
- 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
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs B’s contract with her Care Provider states:
We may terminate this agreement by giving 14 days written notice to cancel for any reason.
- The Care Provider apologised that Mrs B was upset by the termination of its services, but explained notice was given in accordance with the Terms and Conditions of the contract. While Mrs B was distressed by the cancellation of services there is no evidence she was caused a significant injustice because it. The Care Provider was entitled to terminate the contract with 14-days’ notice, we could not say this is fault.
Final decision
- We will not investigate Mrs B’s complaint because further investigation by us could not provide Mrs B or her family with a different outcome to that already given by the Care Provider.
Investigator's decision on behalf of the Ombudsman