Summary: The Ombudsman cannot investigate this complaint about the actions of the care provider or its decision to charge fees while the complainant was in hospital. This is because the complainant is in the process of taking legal action against the care provider which places the complaint outside our jurisdiction.

The complaint

1. Ms X has complained on behalf of her mother, Mrs Y, about the care provider’s decision to continue charging Mrs Y while she was in hospital. Ms X says the outstanding fees should be waived due to the lack of care her mother received from the home and argues that Mrs Y only needed to go to hospital because of the home’s negligence.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I have considered Ms X’s complaint and the care provider’s responses. I invited Ms X to comment on a draft of this decision and have considered her comments in response.

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What I found

What happened

5. Mrs Y moved into the care home in 2017. In October 2018, she was admitted to hospital. Ms X complained to the home and said the hospital admission was caused by its failure to provide Mrs Y with adequate care and support. Ms X was unhappy with the home’s response to her complaint and contacted the Local Authority.
6. The Council investigated Ms X’s concerns but decided the claims of neglect were unsubstantiated. Ms X was unhappy with this response. However, following a complaint, the safeguarding case was re-opened, and the Council agreed there had been neglect and acts of omission by the home.
7. In response to the Council’s safeguarding investigation, the home said it would not charge Mrs Y for her care for the 10 days leading up to her admission into hospital. Ms X says this is not sufficient and the home should also not charge Mrs Y for the time she spent in hospital.

Assessment

8. Ms X has confirmed that she is in the process of taking legal action against the care provider in relation to the care her mother received. As Ms X has now started legal action, complaints about this matter will be outside of the Ombudsman’s jurisdiction.
9. I understand Ms X says her complaint to the Ombudsman is separate to the issues she has raised about her mother’s care. But the reason Ms X says the care fees should be waived is because of the problems with Mrs Y’s care. As this is linked to the legal proceedings Ms X has now started, complaints about the outstanding fees also fall outside of the Ombudsman’s jurisdiction.

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Final decision

10. The Ombudsman cannot investigate this complaint. This is because Ms X is in the process of taking legal action against the care provider which places it outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman