Summary: We will not investigate Mrs X’s complaint about the care provider’s handling of her late father’s continuing health care application. This is because the care provider agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mrs X complains about the care provider’s handling of her late father’s continuing health care application. She says incorrect information was included in the form which led to the application being rejected. She also complains the care provider failed to respond to her emails about the matter.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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. Mrs X complained about the way her late father’s care provider dealt with his continuing health care (CHC) application. She says the initial application contained incorrect information and then there was delay in submitting a correct application. She also complained the care provider failed to communicate with her effectively about the application.
6. During its complaint investigation, the care provider accepted the initial CHC application submitted contained errors and needed amending. The care provider also acknowledged there had been poor communication with Mrs X about the matter and that its communication regarding the completion of an accurate CHC application was not managed well. The care provider has apologised for these faults.
7. I am satisfied the fault will have caused distress, frustration, and time and trouble as Mrs X will now have to complain to the Integrated Care Board to have her father’s CHC application considered retrospectively. We therefore asked the care provider to consider remedying the injustice caused by making a symbolic financial payment of £300.

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Agreed action

8. The care provider agreed to resolve the complaint and will complete the above within four weeks of the final decision.

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Final decision

9. We have upheld this complaint because the care provider agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman