Summary: Adverse findings notice issued because Foxley Lodge Care Ltd failed to provide the remedy recommended by the Ombudsman following an investigation. 

The complaint

A man complained about the residential services provided to his mother at Sonia Lodge that Foxley Lodge Care Ltd:

• Increased the complainant’s fees contrary to the agreed contract.
• Demanded a lump sum payment (of more than £3,200) because it had not applied annual increases previously.
• Said the complainant would have to leave the home if she did not pay the increased fees.

This meant the complainant’s son was caused anxiety and stress about the possibility of his mother having to move when she was settled. He also spent a lot of time trying to resolve the issue with Foxley Lodge Care Ltd because it would not respond to his complaint.

Recommendations

We recommended Foxley Lodge Care Ltd:

• Stop asking the complainant for a backdated increase.
• Withdraw its threat to give notice if the complainant does not pay the backdated increase.
• Review its contract and ensure it complies with the Competition and Markets Authority (CMA) guidance, particularly around how much it may increase the fees, and by what measure.
• Review its complaints handling and ensure complaints are responded to properly and in accordance with the regulations and the CMA guidance.

Foxley Lodge Care Ltd has not responded to our decision.

We are not satisfied with the actions of Foxley Lodge Care Ltd, which leaves the injustice not put right for the complainant.

We will share this notice with the Care Quality Commission – the regulator for health and social care in England.

Further information about the care provider can be found at the Care Quality Commission's provider page.

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