Summary: We will not investigate this complaint about the Care Provider including inaccurate information in its contract documents. This is because any injustice caused is not significant enough to justify our involvement.

The complaint

1. Mr X complained the Care Provider included inaccurate information in its contract documents. He also complained he was given incorrect information about who could consider his request for a reduction in fees and about the final amount owed.

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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 or may decide not to continue with an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organization.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

5. In October 2022, Mr X signed a contract with the Care Provider for a live-in carer to provide care within his home for four weeks. The contract included information about his health conditions. Mr X says he did not check the accuracy of this information before signing the contract. The care started two weeks later.
6. There was some initial uncertainty about who would be providing the care, and because of this, Mr X asked the Care Provider to reduce the care fees. The Care Provider considered the request but did not agree to it. Mr X said it was not made clear to him who could authorise such a request.
7. In November the Care Provider sent Mr X an invoice for the care provided. Mr X queried the invoice, after which the Care Provider revised the amount due.
8. Mr X reviewed the contract documents and complained they contained inaccurate information about his health conditions. The Care Provider considered his complaint and apologised to him for any distress caused. It said the information had come from a third-party care provider involved with Mr X, but in future it would ensure information received from third parties was corroborated with the client or their family. It also apologised if he had been given inaccurate information about who could authorise a reduction in fees, and for the initial inaccuracy with the invoice.
9. Mr X received the care as set out in the contract, so any inaccuracies in the contract information did not cause a significant injustice. Once made aware the information was inaccurate, the Care Provider apologised to him for this and also set out how it would learn from the complaint. This was an appropriate response to remedy any injustice caused.
10. Any uncertainty about who could consider his request for a reduction in fees and the final amount owed was quickly resolved and so did not cause a significant injustice.

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Final decision

11. We will not investigate Mr X’s complaint because any injustice caused is insufficient to justify our involvement.

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Investigator's decision on behalf of the Ombudsman