• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• Final decision

The Ombudsman's final decision:

Summary: The investigation into this complaint will be discontinued. There is no fault by the Care Provider in keeping care fees in lieu of notice. Any further investigation by this office could not achieve the outcome Mrs X is seeking, which is repayment of the care fees.

The complaint

1. Mrs X complains the Care Provider took payment for the full month of June 2019, when her godmother, Mrs Y, left to go to another care home on 4 June 2019. Mrs X says Mrs Y had to move because the Care provider was closing the care home.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers. If there has been fault, we consider whether it has caused an injustice and, if it has, we may suggest a remedy. (Local Government Act 1974, sections 34H(3) and (4), as amended)
3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered the complaint, and correspondence between Mrs X and the Care Provider. I also discussed the matter with Mrs X.
5. Mrs X and the Care Provider had the opportunity to comment on a draft of this document.

What I found

6. Mrs Y had lived at the care home, owned and managed by the Care Provider, since 1 November 2018. The contractual agreement between Mrs Y and the Care Provider sets out (Clause 7.1) that residents are required to give 28 days’ notice to leave.
7. On 14 May 2019 the Care Provider wrote to all residents informing them the home would be closing. It wrote again on 7 June 2019, confirming the care home would close on 18 July 2019.
8. On 1 June 2019, Mrs Y gave the Care Provider four days’ notice. She moved to a different care home on 4 June 2019.
9. The Care Provider took payment of care fees for the full month of June 2019. Mrs X says this is unfair, as Mrs Y was only in the care home for four days in June 2019, and that she had no choice but to move.
10. As part of this investigation I discussed the complaint with Mrs X. Mrs X accepts the contractual agreement between Mrs Y and the Care Provider sets out the required notice period. I explained to Mrs X that the Care Provider had not acted wrongly in keeping care fees in leu of notice, and that any investigation by this office could not achieve the outcome she is seeking, which is repayment of care fees for June 2019. Mrs X accepts this.

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Final decision

11. The investigation into this complaint will be discontinued because I am unable to achieve the outcome Mrs X is seeking.
12. It is on this basis; the complaint will be closed.

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Investigator's decision on behalf of the Ombudsman

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