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

The complaint

We investigated a complaint about the Foxley Lodge Care Ltd residential services provided to the complainant (now deceased) at Sonia Lodge. We found Foxley Lodge Care Ltd:

• did not consult adequately, in line with its own contract, before giving notice to thecomplainant
• failed to deal adequately with the complaint about this
• did not provide the information we requested for our investigation until we issued a Witness Summons

These faults meant the complainant’s son believed that Foxley Lodge Care Ltd had given notice inappropriately and had to search for a new home at short notice. As a result, the complainant’s son suffered significant distress. The complainant died before she had to move.

This followed an earlier complaint when we found Foxley Lodge Care Ltd threatened to give notice to the same complainant when her son refused to pay backdated increases not in line with its contract. It also failed to deal with that complaint adequately and we had to issue an Adverse Findings Notice.

Recommendations

We recommended Foxley Lodge Care Ltd:

• Apologise to the complainant’s son, in writing, for not responding to his complaint
• Review its complaint process to ensure complaints are dealt with effectively in accordance withthe regulations and the Competition and Markets Authority (CMA) guidance
• Ensure in future, discussion with relevant parties at the earliest opportunity when giving notice
• Review its contract to ensure it complies with the CMA guidance and remove the reference to the Office of Fair Trading and its guidance

Foxley Lodge Care Ltd has not responded to any of our correspondence about our decision and recommendations; it has not given a reason for this.

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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